If you are suing over a defective product and you notice that it has been recalled, does that make your case a slam dunk? A product recall can certainly affect your personal injury case, but they are rarely the definitive evidence needed to win the compensation that you deserve. A Corpus Christi, Texas defective household products lawyer could tell you more about how to proceed.
Does a Product Recall Make My Case Easier or Harder to Prove?
A product recall does not necessarily mean that your case is all wrapped up. A recall does not make a manufacturer automatically liable in a civil suit like yours. In some cases, the recall might not even be admissible as evidence! A judge might say that the news of a product recall could bias the jury.
However, at the same time, a manufacturer cannot point to the recall as evidence of their innocence. Just because they were made aware of a safety issue and acted to address matters, that does not undo the harm caused by any of the products that did not work correctly.
What Do I Have to Show in My Product Liability Case?
You still need to show that the particular product that you used had a defect. You then need to show that this defect is directly linked to your injury. You also have to show that:
- You used the product for its intended purposes
- You did not modify the product
- You did not ignore the safety documentation with the product
- You did not use the product after being informed of a product recall
These are all key parts of a successful product liability case.
Can the Handling of a Product Recall Affect My Case?
The handling of a product recall can occasionally affect your claim. If the manufacturer did not make much of an effort to inform owners of the product that there was an issue, that could reflect poorly on them. They need to do everything that they can to reach the end user of a product.
For example, a car manufacturer should not just tell a dealership about a defective part and leave it at that. There should be an effort to contact the drivers of affected vehicles as well. Just leaving it to the dealerships can cause legal headaches for a manufacturer.
What Can My Compensation Cover in a Product Liability Case?
The compensation in your case should help make up for any costs incurred due to your injuries. If you have medical bills to pay or you missed work, a fair offer will help make up for those expenses and missed wages. Our lawyers can look at your situation and help you fight for an adequate compensation offer.
Talk to Our Attorneys
So if you want to learn more about how you can pursue damages after you were harmed by a defective product, contact Sahadi Legal Group. We can schedule a free consultation and tell you more about your options and what our attorneys can do for you.
