Maryland Accident Law Blog
A product recall is not a prerequisite to filing and winning a Maryland product liability claim. Yet, product recalls are often a precursor to litigation against the seller, because a recall is an indication that the product is not safe for its intended use. If a product is recalled because it is not safe for its intended use, the agency that called for a recall will offer a remedy for consumers affected by the recall. A consumer can still file a suit against the manufacturer, distributor, and often retailer of the unsafe product.
A government agency can suggest or require a company recall its product, but the company itself has to follow through and issue the recall itself. In some cases, an agency may issue a voluntary recall, and the offending company is left to decide whether to issue a recall. In other cases, an agency may issue a mandatory recall, and the offending company is required to issue a recall.
In a strict liability case, the plaintiff has to show in general that the defendant’s product was defective and that the defect caused the plaintiff’s injuries. Unlike in a negligence case, in a strict liability case the plaintiff does not need to show that the defendant was negligent in some way but rather focus on the defective product. In the case of a misrepresentation related to a product, a potential plaintiff may be able to recover damages if the plaintiff relied on the misrepresentation and is harmed by the misrepresentation. A product must also adequately warn about potential dangers and risks inherent in a product and provide consumers with information about the correct use of the product if necessary.
FDA Advises Against Use of Over 130 Different Hand Sanitizers
According to a recent report, the Food and Drug Administration advised consumers not to use more than 130 hand sanitizers because they have insufficient levels of alcohol or because they contain dangerous levels of wood alcohol. The demand for hand sanitizers has risen steeply during the coronavirus pandemic, bringing many new brands into stores.
In some of the products, despite labels claiming that the products contain ethanol (or ethyl alcohol), FDA tests revealed that they contain methanol (or wood alcohol). The FDA advised that methanol can be toxic and can cause blindness. It can also be lethal if ingested. At least seven people have died since May in Arizona and New Mexico after the individuals ingested hand sanitizer. The products have been carried at retailers including Walmart, Costco, and BJ’s.
Have You Been Injured by a Dangerous or Defective Product?
If you or a loved one has been seriously injured by an unsafe product, contact a Maryland product liability attorney. The personal injury attorneys at Lebowitz & Mzhen provide aggressive representation to Maryland and Washington, D.C. residents who have been hurt because of a defective and unsafe product. We have more than 20 years of experience successfully handling all types of personal injury cases and can evaluate your claim for you. We understand what it takes to build a successful case and will work hard to pursue compensation for you. To set up a free consultation, contact us at 1-800-654-1949 or fill out the online form on our website.