We all like to trust the safety of the products we buy.
As consumers, we do research and rely on companies that we deem credible to supply us with the products we need. Sometimes, though, those companies make mistakes. When that happens, recalls are often put in place by either the manufacturer itself or by a government agency, such as the FDA. Recall alerts can cover any product, from automobiles to medical devices to children’s toys. If you are injured using one of the defective items, then you may be wondering: What can I do? What happens when a person is injured in an incident involving a recalled item? Is my situation eligible for a personal injury lawsuit? These questions can become especially important if you find that you are dealing with the injury of a child.
The most common recalled products for children include furniture, such as cradles, beds, high chairs, car seats, and toys. In the case of an injury to a child as a result of using a defective, recalled product, you may be able to file a personal injury lawsuit against the manufacturer. However, just because a product is recalled does not automatically ensure that you will win the case. A recall is important in personal injury cases because the recall serves as proof to establish that the product was, in fact, defective. In these cases, the burden of proof is on whether or not the specific product your child used was defective and that the defect for which the product was recalled is the source of the injury. The recall serves as good evidence, and should be combined with witness testimonies and photos of the defective product. For this reason, it is important that you contact an attorney as soon as possible after the injury occurs.
This is where our lawyers at the Sinclair Law Office, PC can help you. Consultation with an attorney can help you navigate a personal injury lawsuit and will also begin the process of gathering the evidence you need to prove that the recalled item was responsible for the injury. If you or your child has been injured in an incident involving a recalled item, call 903-533-1005 or schedule a consultation with us today.