Turn on, log in, or pick up a publication from any media outlet, and finding a story regarding a product recall may not be too difficult. People often come to us here at Cok Kinzler PLLP questioning when a company must recall a product over safety concerns. If you or a loved one has come in contact with a potentially dangerous item in Bozeman, then you may automatically assume that it needs to be recalled. However, those companies that manufacture, distribute, or sell consumer goods actually have set guidelines in place outlining when a product must be pulled from the market. Knowing what those are may assist you in determining what sort of legal remedies may be available to you should you or a loved be injured by the item.
Recall standards are set forth by the U.S. Consumer Product Safety Commission. Their rules show that recalls must be initiated in the following situations:
- A product defect presents a real potential for injuries to consumers.
- A product itself presents a serious risk of injury or death.
- The product is not in compliance with consumer product safety rules set by the CPSA and other regulatory agencies.
- A child requires medical treatment or is injured or killed after swallowing a marble, ball, latex balloon or other small item used as part of a game or toy.
Keep in mind that simply initiating a recall does not absolve a company of any responsibility should a recalled product cause an injury or contribute to a death. You may still have the right to pursue legal action for injuries due to a defective product even after it has been recalled.
More information on holding companies accountable for their products can be found on our site.