Product recalls are happening with frequency in the Atlanta area and throughout the country. Given the prevalence of product recalls and news about defective products, it is important for consumers to understand what to do if they own or use a recalled product and what they can do to seek compensation if they sustain injuries as a result of the product defect. Our experienced Atlanta product liability lawyers can provide you with more information.
Dangerous or Defective Products May Be Recalled Following Injury Reports
Product recalls typically occur when companies receive reports about consumer products causing harm. For example, the Consumer Product Safety Commission (CPSC) recently announced the recall of one million Fitbit Ionic Smartwatch devices in the U.S. due to the serious risk of a burn injury. Customers throughout the Atlanta area could have purchased these products online at Amazon.com or Fitbit.com, or in person at retailers such as Target, Best Buy, or Kohl’s. The company recalled the products after learning of more than 115 incidents of battery overheating, including 78 burn injury reports. Some consumers sustained serious second-degree and third-degree burns.
Not All Dangerous or Defective Products Are Subject to Recalls
While many dangerous or defective products are recalled following injury reports, it is critical to know that products can be dangerous and defective even if they are not subject to a recall. If you are injured by a consumer product, you should seek advice as soon as possible from a lawyer regardless of the recall status of the item.
Defective Products Are Often Sold Second Hand Despite Product Recalls
Despite the aim of taking defective products off the market, many recalled products are still sold second-hand, through online or in-person second-hand shops or on sites like eBay. Before you buy a used product, it is important to be sure that it has not been recalled or linked to injuries.
Not All Product Recalls Result from Serious Injury Risks
While many product recalls can propose serious injury risks, you should not panic if you realize you own a recalled product. In some cases, the recall may be due to a labeling error or another problem that is unlikely to cause an injury.
You May Be Able to File a Claim If You Were Injured By a Recalled Product
If you were injured by a recalled product, it may be possible to file a product liability lawsuit in Georgia. Product liability claims can include design defect cases (where the defect occurred in the design of the product or one of its parts), manufacturing defect cases (where the defect occurred in the process of manufacturing the product or one of its parts), or marketing defects (where a company failed to market the product in a manner that provided clear information about risks or failed to warn consumers about risks).
Yet it is important to understand that merely owning a recalled product is not sufficient for filing a lawsuit. In order to file a claim, you must have suffered an injury that resulted in damages.
Contact a Product Liability Lawyer in Atlanta
If you were harmed by a defective product, one of our Atlanta product liability attorneys can help. Contact Stewart Miller Simmons Trial Attorneys online or call us at (404) 529-3476 for more information.