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Product Recalls and Using a Denver Personal Injury Attorney


August 3, 2016

When a manufacturer recalls a product, it is best to follow their direct instructions to return the product or resolve the problem. But what happens if you have a dangerously defective product that you have issues with before a recall is announced? You can use a Denver personal injury attorney to help you determine if you have a case.
  1. What is a Product Recall? When a product is released and then it is discovered that there may be a safety concern regarding the quality of a product, the manufacturer can recall it. This is a public way of announcing the safety concerns with the product, a plan for how the consumer can return it and any compensation opportunities that may be available. If you suspect you have a defective product, stop using it immediately. You can also reach out to the manufacturer to discuss the issue. SaferProducts.gov is another important go-to website to know about. It allows you to report an unsafe product. You can also visit their sister site, Recalls.gov to learn about some of the recent and current recalls and find if you product has been reported to have an issue.
  2. Do I have a Case? When it comes to a recalled product, it really depends if the company that made the product is at fault. It also matters if they have formally announced a recall on the product. If they have, and have taken the safety precautions to resolve the issue, that might take charge over whether or not you have a case. This is where working with a personal injury lawyer comes in. When it is clear if a manufacturer is at fault, it helps increase the chances that you can receive a settlement, the insurance company will move the claim forward.
  3. Types of Recalls and Defects: According to the Cornell University Law School’s article “Products Liability,” there are three types of product liability claims. These claims include negligence, strict liability and breach of warranty. Following that, there are also three different types of product recalls. These different types include a defect in design, manufacturing detail and in marketing. They explain the design defects are usually permanent amongst all models and somewhat easier to make a concrete statement about.  For manufacturing defects, they explain these typically happen in a smaller amount and not every single product—which could be where you have a personal injury case. Recalls that involve the marketing of a product could go either way. Why? Cornell explains the importance of detailed and correct instructions that can change the situation when they aren’t correct.
Wondering if you have a personal injury case? Mark A. Simon is your top local Denver personal injury attorney. Our premier law office services will review your case and help you determine if the issue you are dealing with is something you can receive a settlement for. You can learn more in our blog article “How to Determine Fault in Denver Personal Injury Accidents” and reach out to us to get the help you need for your case. Fill out our contact sheet to get started on your potential case today.