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Los Angeles Law Blog

By John Kristensen of Kristensen, LLP posted in Other on Monday, April 26, 2021.
Safety Recalls: How To Know You Have A Case


You may not become aware of safety recalls that are disclosed to the public of products that are relevant to you or surround you, but the reality is that safety recalls occur very frequently. This should make sense as big corporations will often give minimal effort required by local, state, and federal law to announce a recall with the hope of avoiding liability and penalties or fines while also minimizing the financial impact. Sometimes, the most news-worthy safety recalls, often concerning products that present a great danger to the public and involve big corporations, make the news. And they should.


In today’s world, people are spammed so much by calls, texts, emails, and snail-mail that a lot of important notices are disregarded. What happens if you or one of your loved ones is affected – hurt, or worse – by a product which was recalled? It’s a good idea to know if you have a case, or figure out how to determine whether or not you have a case. Here are some points regarding safety recalls to help you:


The Nature of Safety Recalls


One way to determine whether or not you have a case that concerns a safety recall is to understand the nature of safety recalls. These lawsuits usually include one or more of the following:


  • A label with no warning about the particular risk of injury
  • A problem with the manufacturing process of the product, whether overall or with specific production runs
  • A defective product design that puts customers at risk of injury or wrongful death
  • Instructions that do not address risks and how to prevent them


Determine the Date & Details of the Recall Report


It’s important to determine the date of a safety recall when determining your case. This is because, if you use a product after you’ve been informed of its risks (after the recall date), then you may be found partially liable, or worse, you may not have a case at all.


The details of the recall report are also important. Companies are required to offer a number of solutions for their product’s customers, not just inform them of risks. If adequate measures aren’t taken, you may very well have a case.


Review the Regulatory Body’s Protocols


There is no single federal regulatory body that is responsible for all products, with regard to the safety recall of products. You should know and review the online resources of the regulatory body in which your product is supervised. Here are a few:


  • FDA (Food & Drug Administration): medical and food products
  • USDA (U.S. Dept. of Agriculture) & FSIS (Food Safety & Inspection Service): meat and poultry products
  • CPSC (Consumer Product Safety Commission): consumer products
  • NHTSA (National Highway Traffic Safety Administration): automotive vehicles


If you believe you have a case concerning a product that was recalled due to safety concerns, give Kristensen LLP a call today!