Keep These 3 Things In Mind When Pursuing A Defective Product Claim For A Recalled Product
Some products are defectively manufactured and have to be recalled when they start malfunctioning or causing injuries. If you have been injured by such a product, keep these three things in mind before lodging a defective product claim.
1. You Have to Prove Your Particular Product Was Defective
You don't have a product liability claim just because the line of products you are using have been recalled; you have to prove that the particular product you bought is also defective. This is necessary because even when a product is recalled, some of then turn out not to be defective. For example, a car seat manufacturing company may recall all products of a particular model because some of them do not provide the protection they need to provide. The recall is the only way to figure out which product is defective and which one is safe, and your particular product may end up being one of the safe ones.
2. You Have to Prove The Defect Caused You Actual Injury
Even if your product turns out among the defective products, you still don't have a case unless you can prove that it caused you an injury. For example, if your recalled car seat turns out to be defective, you don't have a claim unless the seat caused you injury in some way. For example, you have a valid claim if you were involved in a crash, the seat did not perform its protective function as advertised, and your child sustained some injuries. However, you don't have a claim if you were only scared by the prospect of your child getting injured by the defective seat, but they didn't actually get injured.
3. The Recall May Not Be Admissible Evidence
Lastly, you should know that some jurisdictions will not allow you to use the recall as evidence in your personal injury claim. The reasoning that if the jury hears that the product in question was recalled, it will be biased and automatically assume that the defendant is responsible for your injuries. Therefore, the information may be kept away from the jury so that they treat the case just like any other defective product case.
It certainly makes sense if you consider it carefully. Take an example where you are pursuing a defective car seat case, and then the jury hears that the model of car seats has been responsible for the injuries of a dozen kids. In such a case, the jurors may be swayed by the sad statistics and vote against the car seat manufacturer even if the seat wasn't the cause of injury in your case.
Contact a law office like Snyder & Wenner, P.C. for more information and assistance.