Skip to main content

When You Suffer from a Defective Device, These Organizations Handle Product Recalls

Posted by attorney Timothy Miley

Product recalls generally stem from safety issues, such as those caused by the way a product was:

  • manufactured;
  • designed; or
  • engineered.

If a recalled product causes injury to a consumer, a claim may be filed against the manufacturer, supplier, importer, distributor or retailer. Sometimes more than one party is named in a lawsuit.

If you sustained serious injuries as a result of what you believe is a defective product, contact an attorney for personal injury in Clarksburg, WV. Compensation could be available to cover damages.

Organizations That Handle Product Recalls

The U.S. Consumer Product Safety Commission (CPSC) is one organization that handles safety issues with products. According to CPSC, every year property damage, injuries and deaths caused by products costs the U.S. more than $900 billion.

The CPSC assigns the following hazard ratings to products: Class A – likely or very likely to cause severe injury or illness, or death; Class B – possible, but not likely, to cause severe injury or illness or death, but very likely to cause moderate injury or illness; and Class C – possible, but not likely, to cause serious or moderate injury.

Keep in mind that even if given a Class C rating; it’s required that some type of corrective action be taken in order to reduce the risk of a consumer sustaining illness or injury. If a product requires immediate action, it would fall under the Fast Track Product Recall Program.

Another organization that deals with product recalls, specific to vehicles and equipment, is the National Highway Traffic Safety Administration (NHTSA), through Safe Car. It includes defective products and non-compliance of federal motor vehicle safety standards.

One of the features offered to consumers is the 5-Star Safety Rating System, which measures the level of safety. The lowest rating that can be given is a one and the highest is a five. The higher the rating assigned, the safer the vehicle.

You can also learn about product recalls through the U.S. Food and Drug Administration (FDA). Recalls focus on products and goods that have to do with health.

The following are the types of products the FDA oversees:

  • food;
  • drugs;
  • vaccines, blood & biologics;
  • medical devices;
  • radiation-emitting products;
  • cosmetics;
  • animal & veterinary; and
  • tobacco products.

Overview of Product Liability

If a product is found to be dangerous or defective and it causes serious injury or death, a claim would need to be filed under product liability. Unlike a personal injury case, where negligence must be proven, all you need to show is that it resulted in injury after being used as it was designed or in a way that was reasonable.

Determining liability is complicated in some cases. An attorney handling personal injury cases in Clarksburg, WV can provide some guidance. Liability may depend on when the defect occurred, which is generally during the designing, manufacturing or marketing phase. Seek legal counsel at The Miley Legal Group to learn more about your rights and the impact that product recalls may have on your case. Call 888-436-0859.

Author of this guide:

Was this guide helpful?

Avvo personal injury email series

Sign up to receive a 3-part series of useful information and advice about personal injury law.

Recommended articles about Personal injury

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer