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Product recalls can lead to confusion when it comes to product defect litigation.  If you have been injured while foreseeably using a defective product, then you may be entitled (pursuant to Florida law) to sue the manufacturer and recover damages as compensation — but how does a product recall affect your potential lawsuit?

Product Recall and Its Legal Effect 

Product recalls can be either voluntary or mandatory.  In most cases, either a government agency brings certain product concerns to the attention of the manufacturer, or the manufacturer conducts an internal investigation and realizes that the product at-issue poses a significant injury risk, subsequently issuing a product recall.  After a recall has been issued, customers will be notified as to what to do with the product — whether to return it to retailers and get the product replaced, or repair the defect.

It’s important to note that, in Florida, product recalls do not necessarily establish the existence of a defect.  The mere fact that a product has been recalled by its manufacturer is not proof of a defect.  For example, if a manufacturer of snow tires conducts an internal investigation of crash statistics and realizes that there may be a risk of injury posed to the public, they may recall the product voluntarily.  That there were concerns worth issuing a recall for is not absolutely indicative of a defective product, however, as a product can pose an injury risk without being defective. 

Generally speaking, that a product has been recalled operates as evidence in support of a product defect finding.  As a plaintiff, you can introduce evidence of the recall to bolster your argument that the product at-issue is defective.  To succeed in your product liability action, however, you will still have to bring forth evidence proving that the product was defectively designed or defectively manufactured, or that the product was unreasonably dangerous (but the manufacturer failed to instruct or warn users of such dangers). 

Even if you succeed in proving that the product is defective, you have not necessarily won your product liability case.  You will have to show that the product at-issue was used in a foreseeable manner, and further, that your injuries were proximately caused by the product defect.

If you have been injured as the result of a product defect, you may be entitled to compensation pursuant to Florida product liability law.  Despite the fact that product defect litigation operates on strict liability principles, it can be rather challenging — defendants in product defect litigation are often corporate entities with substantial resources at their disposal (both in the financial sense and in terms of industry connections) and a clear interest in discouraging other plaintiffs from litigation.

In Florida, product liability claims must be brought within four years of the injury, so it’s important that you consult a qualified product defect attorney as soon as possible to ensure that your claims are fully assessed and pursued in a timely manner.  Contact Randall Spivey today to connect with an experienced Fort Myers defective product attorney at the Spivey Law Firm, Personal Injury Attorneys, P.A.  We will provide a free and confidential consultation to discuss your legal rights.