Do I Have A Claim If I Own A Recalled Product?
Safety recalls occur more often than most consumers would like to think about, and many defective products are on the market for weeks, months, and sometimes even years before they are recalled due to safety hazards. Yet understanding when you can file a claim (and when you cannot) is often complicated. If you own a recalled product, for example, are you eligible to file a claim against the designer or manufacturer of the product? It is a common misconception that merely owning a recalled product with an identified safety defect can mean you have a claim for compensation. In order to be able to file a lawsuit, you will need to prove that the product caused harm.
We want to explain in more detail and to encourage you to get in touch with a Boca Raton product liability lawyer who can help.
Owning a Recalled Product is Not Enough to File a Claim
Many consumers see news headlines about recalled products that are in their homes, and some even receive recall notices about defective parts on their automobiles or their kitchen appliances. Yet it is critical to understand that simply owning a recalled product is not enough to file a claim. If you own a recalled product, you can take advantage of the options for a refund, replacement, or repair being offered by the manufacturer.
For example, if you have an electric tea kettle that has been recalled because it has a defective part that causes fires to start, even if a fire has not started in your home and you have not seen any evidence that the product poses a fire or safety hazard, you can—and should—follow the instructions in the recall to have the product replaced or repaired, or to receive a refund. You should stop using any dangerous recalled product even if it has not caused harm. However, if it has not caused an injury, you cannot file a lawsuit.
Injury is a Key Element of a Product Liability Lawsuit
When a defective consumer product causes an injury, whether it has been subject to a safety recalled or not, the injured party may be eligible to file a lawsuit against the designer, manufacturer, or marketer of the product. The Cornell Legal Information Institute (LII) explains that most product liability lawsuits require the person filing the claim to prove that they suffered an injury caused by the product, and that the injury resulted in damages.
To be clear, proving that the defective product caused an injury is a central element to your claim. As such, beyond simply owning a defective product, you must prove that it caused harm in order to be eligible for compensation through a civil lawsuit.
Contact a Boca Raton Product Liability Lawyer
If you own a defective product or a recently recalled product and you suffered an injury, you should have an experienced Boca Raton product liability attorney assess your case for you. One of the personal injury lawyers at our firm can determine whether you have a claim and whether you should file a lawsuit against the designer, manufacturer, or marketer of the dangerous product. Contact Lesser Lesser Landy & Smith PLLC today to get started on your case.