7 FAQs About Recalls And Defective Products
There are a variety of products that promise to make our lives easier. Different services, such as medical care, also help us achieve a greater quality of life. Matters get complicated, however, when the things we depend on turn out to be defective or dangerous. Consumers should take their safety seriously and be aware of the products or services they’re using. It pays to learn more about product defects, recalls and liability.
Below is a quick guide to consumer protection.
1. What do I Need to Watch Out For?
Product defects that cause serious injury and even death cover a wide range of products such as:
- Air Bags
- Medical Implants & Devices
- Cosmetic Surgery
At Rubenstein Law, we’re dedicated to educating and informing our clients about their legal rights regarding their injury claim. We’re always willing to answer clients’ questions and address concerns about the various aspects of their individual case. It’s important to us that our clients understand the legal options available to them in order to make informed decisions.
2. Who’s a Consumer?
If you pay for goods or services for personal use, you’re a consumer.
3. Does a Consumer Have Rights?
The state of Florida issues consumer protection statutes to restrict false advertising or deceptive trade practices. If a product or service results in harm, the affected party may sue sellers for breach of warranty. This is especially true when fraudulent actions—such as medical malpractice or negligence—could be life threatening.
Manufacturers have a duty to ensure that when a product is sold, it’s safe for its intended use. Product liability law deals with the rights of an individual to seek compensation for personal injury or property damage that results from the proper use of a defective product.
The Federal Trade Commission Act and the Consumer Product Safety Act enforce consumer laws to protect the public from unreasonable risks of injury or death. State and federal agencies such as these encourage consumers to report violations of consumer protections statues. The public may also demand recompense if the relevant agency doesn’t take due action.
4. How Do I Know if a Manufacturer Recalled a Product?
Here are a few sources to search for recalled items:
- ConsumerWatch—Household products
- Safe Kids Worldwide—Children’s products
- Food and Drug Administration (FDA)—Drug recalls
- National Highway Traffic Safety Administration (NHTSA)—Car seats, tires, & vehicle equipment
- Recalls.gov—Motor vehicles, boats, medicine, cosmetics & environmental products
- Consumer Protection Safety Commission (CPSC) — Search for a specific item or sign up for their email alerts.
5. Should I Stop Using a Product if They Issued a Recall?
It's generally advised to discontinue use. The CPSC may have specific guidelines regarding the use of the product in question. The notice may have instructions on how to get a replacement, repair or refund.
6. Will I Need to Call a Lawyer?
One thing you need to know is that the misuse of a product won't necessarily bar a claim from negligence in a product liability case.
If there is reasonable cause for a claim, and your product liability case will achieve a better result from a settlement, we will fight for the financial compensation you and your family deserve. If trial would better resolve your case, then the talented personal injury lawyers at Rubenstein Law are willing and able to take on the biggest manufacturers and/or insurance companies. We're fully prepared and experienced in trying the most serious cases to get the best results for our clients.
7. What’s My Next Step?
For a free initial consultation, please contact our office at 1-800-FL-LEGAL (800-355-3425) to make an appointment. We are available to meet at your home or elsewhere if you're injured and unable to come into our office. The team at Rubenstein Law is available 24/7 to answer your questions and evaluate your personal injury case.
NOTE: This post is intended to provide general information to our readers. None of the information contained in this post should be construed to constitute legal or medical advice. Laws vary by jurisdiction and cases often turn on minor differences in fact. Do not rely exclusively on any of the information contained in this post. Always seek further assistance from a legal or medical professional where necessary.