Nowadays, when a consumer buys a product, they assume that it has gone through sufficient testing and that it will be safe to use for its intended purpose. However, manufacturers can be too quick to put out a product, or a product may show defects over time. Products can be not only defective but also dangerous, and consumers may be entitled to compensation for injuries caused by the defect.
Product liability claims can be based on different theories of recovery, including strict liability, negligence, breach of warranty, and misrepresentation. Strict liability claims require a showing that a product was unreasonably dangerous, that the defect was present when it left the manufacturer’s control, and that it caused the plaintiff’s injuries. These claims generally arise either as manufacturing defects, design defects, or marketing defects. In some cases, a defect can be difficult to prove. In others, however, the manufacturer will actually recall the product due to safety concerns.
Product Recalls
There are different types of recalls that can occur when a product is defective. Sometimes recalls are mandatory, which occur when an agency or court requires the manufacturer to issue a recall. Recalls can also be voluntary and occur when the manufacturer decides to issue a recall on its own—although even voluntary recalls can be influenced by the federal agencies.
One reason a manufacturer may decide to issue a recall is due to the legal implications. If a manufacturer knows it has a dangerous product and fails to correct the problem, the manufacturer may be liable for greater awards. Plaintiffs who bring claims against the manufacturer may be able to recover not only compensatory damages for injuries but also punitive damages for the manufacturer’s actions due to its failure to act.
Cuisinart Issues Voluntary Recall of its Food Processors
Cuisinart recently recalled millions of food processors after customers reported mouth lacerations, tooth injuries, and finding broken pieces of the blade in their food. One news source stated that 69 consumers found pieces of the blade, and 30 reported injuries arising from the defect. According to the Consumer Product Safety Commission, the food processor’s riveted blade can crack, causing small pieces of the blade to break off.
The food processors affected are not just the recently produced ones but also those sold as far back as July 1996. The recall affects food processors with certain model numbers, which can be found on the Consumer Product Safety Commission website. People who have affected food processors can receive a replacement blade for free. The high number of affected products makes the recall one of the three largest appliance recalls in history.
Have You Been Injured?
If you have been injured by a defective product, drug, medical device, or other item, our product liability attorneys can advise you about pursuing compensation. Moll Law Group provides aggressive representation and thorough consumer education. Our Chicago injury attorneys are skilled in helping guide people through medical malpractice, product liability, and other accident claims. We can represent injured consumers in states such as California, Florida, New York, Texas, Pennsylvania, Ohio, and Michigan. Billions of dollars have been recovered in cases in which we were involved. Call us at 312-462-1700 or use our online form to set up a free initial consultation.
See More Posts:
Plaintiff’s Expert’s Conclusions Protected by Work Product Doctrine, Illinois Injury Lawyer Blog, November 23, 2016.
Court Discusses “Foreseeability” Requirement in Chain-Reaction Truck Accident Case, Illinois Injury Lawyer Blog, December 2, 2016.
Court Reinstates Case After Attorney Admits Fault in Failing to Pay Court Fees, Illinois Injury Lawyer Blog, December 14, 2016.