Miami Personal Injury Lawyer Blog
A voluntary recall on contaminated greens has made recent headlines after being linked to cases in at least 41 US states, but so many more defective products do not make the news. Fortunately, the US Consumer Product Safety Commission (CPSC) publishes a list of recalls, whether announced by the company or ordered by the government. These actions are in addition to taking the defective products off shelves, but many dangerous items still wind up in Florida households.
When you think about a voluntary recall, you might assume that this is an admission of liability. However, there are other legal requirements when pursuing a claim, and a Miami products liability lawyer can help you meet them. Some answers to FAQs are helpful as well.
Does a Product Recall Protect Manufacturers From Lawsuits?
Voluntary recalls are designed to correct a hazard and prevent further harm, not to shield a manufacturer from a product liability lawsuit. If a defective product has already injured someone, the company can still face legal responsibility. Courts view a recall as evidence that a problem existed, not as proof that the manufacturer fixed everything or avoided fault.
How Does Florida’s Products Liability Law Treat Voluntary Recalls?
Regardless of whether a recall was issued, Florida law holds manufacturers, distributors, and sellers accountable when a defective product causes injury. Under both strict liability and negligence standards, injured parties can still pursue compensation for medical bills, lost wages, and pain and suffering. When determining liability, courts consider the recall alongside other evidence, such as:
- Design flaws
- Manufacturing defects
- Inadequate warnings
Can You Sue for an Injury That Happened Before a Recall Was Announced?
Yes, the timing of a recall does not change the fact that the product was dangerous when it caused your injury. Manufacturers often knew, or should have known, about the defect before notifying the public. Evidence like internal reports, prior complaints, or safety testing can strengthen your case, showing the company had reason to act sooner than it did.
What if You Were Injured by a Defective Product After the Recall in Florida?
Injuries occurring after a recall can also support a legal claim in Florida. Liability may still apply if a company:
- Failed to properly notify consumers
- Delayed the recall process
- Provided a fix that itself was defective
Manufacturers have a duty to communicate recalls clearly and promptly. When that duty is not met, injured consumers may pursue compensation. Recall notices, product histories, and company communications may be important evidence to provide that negligence contributed to your injury after the recall began.
How a Miami Products Liability Attorney Can Help Injured Victims
With any product recall that causes injuries, it is essential to work with a legal team that can assess the circumstances, determine whether a defective product caused your harm, and identify all parties who may be responsible. At Gerson & Schwartz, PA, our lawyers have decades of experience holding manufacturers accountable for dangerous products. For more information, please call (305) 371-6000 to schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.
