Can I Sue After a Recall?
Imagine that your car has just been recalled. The overwhelming question that you may be wondering is, can I file a recall lawsuit? What are my recall rights?
A recall may fix the underlying problem with your vehicle or defective product. And, some recalls may even offer compensation in the form of a refund. But, what if you've been injured as a result of the defective product?
You could file a lawsuit.
Recall remedies are generally in addition to other available legal remedies. So, while the maker of your automobile may recall your car to fix its brakes, if you were injured as a result of the defect you may have a legal case.
And, what constitutes a defective product? Defective products can actually take on several different forms.
There could be a design defect with the product, meaning that there is something wrong with the design of the car that makes it unsafe or prone to cause accidents.
Or, there could be a manufacturing defect with the product. This would mean that the product, if manufactured perfectly, would be perfectly fine. Except, some sort of problem in the manufacturing process has rendered the product unsafe in some way.
Lastly, there could be a warning defect. Warning defects occur when the product is not accompanied with appropriate warnings about known risks of using a product.
Determining what kind of defect there was with your product is the first step to legal recovery.
What's next? Maybe consulting a products liability lawyer to determine your recall rights may be useful in determining if you have a strong legal case. One thing to note, however, is that pursuing litigation could be costly. Consumers would likely need to weigh the cost of litigation against the potential benefits of winning the case before proceeding. If you pursue a post-recall lawsuit, you may be getting a judgment from the manufacturer - alongside a hefty legal bill.
Related Resources:
- Your Right to Recall Remedies (FindLaw)
- If You Have a Problem with a Recall Repair (FindLaw)
- Motrin Recall: Oregon Sues over Secret Recall (FindLaw's Injured)
- J&J Now Faces Lawsuit over Tylenol Recall (FindLaw's Common Law)