In the unfortunate event of the recall of a product owned by a Maryland consumer, the first step is to get rid of the affected product. The recall will have details on how to properly dispose of the product and may include returning it or throwing it away. Affected consumers also generally will be entitled to a refund or a replacement, depending on the recall, so they should check the notice for how to get reimbursed for the damaged product. Registering a product after purchase is useful because it may alert consumers to product recalls and may allow them to get reimbursed easily. Any consumer who believes they may have suffered because of a defective product should consult with a Maryland product liability lawyer as soon as possible.
Are companies liable for injuries caused by recalled products?
A product recall is a sign that the product was defective and that the company may be liable for injuries caused by the product. The type of claim a consumer may file after an injury depends on the circumstances surrounding the injury and the type of defect. In a negligence claim, the consumer generally must show that the defendant owed the consumer a duty, that the defendant breached that duty by manufacturing or selling a dangerous product, that the product’s defect caused the consumer’s injuries, and that the consumer suffered damages. In a strict liability claim, the consumer does not need to prove that the defendant was negligent in any way.
The consumer must prove only that the product was defective at the moment it left the defendant’s control, that there was no substantial change in the product’s condition when it reached the consumer, that the product was unreasonably dangerous, and that the product’s defect caused the consumer’s injuries. In any event, a consumer should consult with an experienced attorney as soon as possible who can evaluate their claim.