Can a Product Recall Notice Affect My Claim?

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You may have gotten injured due to a defect lying within a product. And while there may have been a recall sent out, you may have received it too late or otherwise not received it at all. At any rate, you may be concerned about how the existence of a product recall notice may impact your eligibility to become a plaintiff in a product liability case. Read on to discover how a product recall notice can affect your chances of pursuing a claim and how a seasoned Tampa product liability lawyer at Merricks Law Group, P.A. can help explore your legal options.

What content should be included in a recall notice?

It is not enough for a recall notice to be made. That is, this notice must contain the appropriate information to ensure consumers remain safe. Without further ado, a product recall notice is generally supposed to consist of the following content:

  • The term “recall” in the heading of the text.
  • The date of the recall’s release, issuance, posting, or publication.
  • The product description.
  • The product’s actual or potential hazards.
  • The region where the product units were sold.
  • The number of product units included in the recall.
  • The description of incidents, injuries, and deaths.
  • The description of available remedies.
  • The identification of the recalling firm, manufacturers, and significant retailers.

Therefore, if you believe that a product recall notice contains an inadequate amount of information, then you may still have a chance of pursuing a product liability claim.

Can a product recall notice affect my chances of pursuing a claim?

Certainly, the existence of a product recall notice may throw a wrench in your plans for filing a product liability claim. However, there are still ways to build a strong argument against the product manufacturer, designer, retailer, or otherwise the negligent party who played a part in placing the defective product in your hands. To reiterate, one argument may be that the notice contained an inadequate amount of information. Other examples are as follows:

  • You may argue that the product had other properties that were unreasonably dangerous; and that it was unsafe for consumers to use it in the first place.
  • You may argue that you did not directly receive a notice of the recall; and that a general outreach was not sufficient enough to warn about the product’s actual or potential hazards.
  • You may argue that the product was kept on retail shelves even after a notice was sent out to sellers and distributors; and that you were not directly warned against purchasing the product.

With the complex legal proceedings ahead, you should not go through it alone. Rather, you should have a competent Hillsborough County personal injury lawyer from Merricks Law Group, P.A. stand by your side throughout. Contact our firm today.

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