Defective products can cause serious injuries, but it is not always clear who is at fault. You might wonder if the law will blame you for a defective product injury if you missed a recall notice.
If a consumer purchases and uses an item that is under recall, there is a question as to whether the consumer, manufacturer or retailer is at fault. You need to know if you can pursue compensation if you or a family member suffers injury in this type of situation.
Understanding product recalls
Recalls often happen when a manufacturer discovers that a product poses a safety risk. They may issue a recall to prevent harm to consumers. However, not everyone sees or responds to these notices. Missing a recall notice does not automatically mean a person cannot seek compensation for an injury caused by the defective product. In California, strict liability laws often protect consumers in cases of product-related injuries.
Strict liability for product-related injuries
Strict liability means that manufacturers, distributors and retailers are responsible for injuries caused by defective products, regardless of whether the consumer was aware of the recall. This is because the law places responsibility on those involved in the production and sale of the product to ensure it is safe for use. As long as the injury occurred due to a defect in the product, the consumer may still have the right to pursue compensation.
Considering the cause of injury
The key issue in these cases is whether the product defect directly caused the injury. Even if a recall was in place, the responsibility typically remains with the manufacturer or seller. They must properly warn consumers about the defect and remove unsafe products from the market. If the consumer did not receive proper notice or if the recall process failed, the consumer may not be at fault for the injury.
Not seeing a recall for a defective product does not mean the consumer is automatically at fault for their injury. California law generally supports consumers injured by defective products. Even if there is a recall in place, you have every right to pursue compensation for an injury caused by a defective product.