Q How Might a Product Recall Affect My Product Liability Case?
If you've been injured by a product, a past recall may help determine there's a larger-scale problem with the product of which the manufacturer was made aware. A product recall certainly won't hurt your product liability case.
In some states, your product liability attorney can use the recall to establish the harmful nature of the product or a component of the product. In other states, you can use recalls as evidence the manufacturer was made aware of the defect or defective condition of the product.
If you're injured by a defective product and a recall is later issued, the recall won’t hurt your product liability case; but it may not aid your case in a big way, either.
Case law and public policy legislation often prohibit using a recall that happens after an injury as evidence of manufacturer negligence. However in some jurisdictions, evidence of a recall may be used to establish the existence of a product defect.
If a product has been recalled, stop use immediately and follow instructions for returning or replacing the defective product.
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