Consumer Product Safety Commission Recalls
Millions of products are available for sale on store shelves. Most of these products are safe, thanks to strong consumer protection laws. However, not every flaw is caught while testing the product. This means that the public is always at a small risk of injury from products. This is why product manuals have pages after page of warnings.
Nevertheless, sometimes a company hides a flaw in a product or is not aware that a product could cause injury to its users. That is when the Consumer Product Safety Commission comes in. The CSPC is the responsible party to ensure all products that make it to stores are properly tested. Testing for other goods such as food, cosmetics, drugs, or medical devices are handled by other federal agencies.
People injured by products do not have to recourse to a lawyer. They can also send in a report to the CPSC for an investigation. If testing proves there is a problem with the product, then they can force the manufacturer to recall the product. A recall may also make it much easier for those who experienced injuries to pursue damages; however, that depends on the specifics related to the injury.
For example, a hot new toy hits the Christmas shelves. However, the toy may have parts that break off that aren’t part of the design. These could present a choking hazard to small children. This would be grounds for a recall or for public warnings about the products. Anyone injured by the product could point to the recall to say that there is proof that the product was dangerous.
Consumers are able to learn which products are under recall by the CPSC by going to https://www.cpsc.gov/Recalls. This page will describe the problem, the recommended action, and anything the manufacturer is doing to remedy the problem such as issuing refunds.
If you want to file a report on an unsafe product, you can visit SaferProducts.gov. If you are looking to research information regarding the safety of a product, there are reports that are available to the public, which may help provide you with evidence of a problem you experienced with a product that may be useful for your case.
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These recall announcements are a double-edged sword if you are seeking damages. They can help you prove your case, but if you are injured far enough in the future after the announcement, it could be argued that you should have known there was a problem. Manufacturers also protect themselves by placing warnings inside of manuals. It’s not just required by law for them; they also serve as protection against claims in court by people who misused a product.
That’s why it’s important to speak with a personal injury attorney with experience in product claims. They will investigate the situation to gauge your chances of receiving damages from the injury and represent you in court.
Don’t think that just because the product was made by a major manufacturer that there is no way you’d be able to get compensation. The U.S. has strong consumer protection laws. If you have been injured by a defective product please don’t hesitate to contact Galligan Law for a free consultation.