Millions of people are injured each year by defective consumer products. Because of the inherent risk certain products can pose, many of them are subject to regulation by various government agencies. These agencies include:
- The Federal Food and Drug Administration (FDA) – Not surprisingly, the FDA regulates foods and drugs, as well as biologics, medical devices, electronic products, cosmetics, veterinary products, and tobacco products.
- The Consumer Product Safety Commission (CPSC) – The CPSC’s purview includes the regulation of consumer products that do not fall under the jurisdiction of another agency. A link to the CPSC’s explanation of its jurisdiction can be found here.
- The Department of Transportation (DOT) – The DOT regulates cars, trucks, and other vehicles through its subdivision, the National Highway Traffic Safety Administration (NHTSA).
- The Department of Agriculture – A division of the Department of Agriculture known as the Food Safety Inspection Service regulates the safety of meat and poultry in the United States.
Generally, recalls are voluntarily made by manufacturers or distributors when they become aware of a problem with a particular product. Various regulations require them to notify the agency with jurisdiction over their product, who then takes steps to publicize the recall and set up various channels for consumers to obtain information about the recall. In some cases, an agency may also take legal action to force a recall of a particular product.
Recalls as an effort to limit liability
Whenever a recall is implemented, it is a safe bet that litigation will follow. While a recall cannot prevent litigation over injuries caused by a defective product, it can limit a company’s liability by removing as much of the product from the stream of commerce as possible before additional injuries occur. The existence of a recall can be viewed as a tacit admission that there was a problem with the product at issue that the manufacturer or distributor should have known about prior to taking the product to market.
Defective consumer products can cause a variety of injuries, including the following:
- Broken bones
- Illnesses and other medical conditions
- Spinal cord injuries
- Traumatic brain injuries
- Developmental problems in children
- Soft tissue injuries
- Neurological issues
Contact a Clearwater products liability attorney today to schedule a free consultation
If you have been injured by a consumer product that has been subject to a recall, it is very possible that you are entitled to compensation for your injuries. In order to determine whether you have a claim, you should discuss your case with one of the experienced product liability lawyers at the Dolman Law Group Accident Injury Lawyers, PA, as soon as possible. To schedule a free consultation with one of our lawyers, call our office today at (727) 451-6900. If you would prefer to send us an email, please complete our online contact form available here.