Companies regularly issue recalls for products that may cause illnesses or injuries to consumers. If an individual has been injured by a defective or unreasonably dangerous product, a recall of the product can serve as an indication that the product is unsafe in a Maryland product liability claim.
Complaints concerning products are investigated by the U.S. Consumer Product Safety Commission (CPSC). The agency works to promote consumer safety by investigating and evaluating complaints and coordinating recalls. The CPSC can issue a voluntary recall or a mandatory recall, depending on the nature of the defect, though most CPSC recalls are voluntary recalls. The company responsible then must follow through to actually recall the product. The agency will announce the recall and offer a remedy to consumers affected by the recall.
Even if a consumer receives a replacement or a refund for the item, a consumer can still file a product liability claim against the company responsible for the defective product. Filing a claim against the responsible company allows injured consumers to recover compensation for their injuries due to the defect. There are different avenues for recovery in a product liability claim. For a strict liability claim based on a defective product, the plaintiff is not required to prove that the company acted negligently. Rather, the plaintiff must only demonstrate that the product was defective when it left the defendant’s control, that there was no substantial change in its condition before it reached the consumer, that the product was unreasonably dangerous, and that the defect caused the plaintiff’s injuries. Negligence or breach of warranty may also provide avenues for recovery.