Recall Does Not Fix a Defective Product Properly – Now What?
Steps to Take After a Defective Product Was Recalled in New Jersey
A recall is issued when a defect is identified and the product could potentially harm a user. In a recall, the manufacturer is required to notify all users and owners of the defective product and cover any costs necessary to fix or replace it.
Unfortunately, if the repairs do not fix the problem, the owner may still be at risk. This can lead to a dangerous situation as the owner assumes the product is safe to use. If the owner then suffers any damages or injury due to the recalled product, it may be up to the manufacturer to cover the costs.
Identifying Liability in a Manalapan Defective Product Case
In most cases, if the manufacturer has already accepted liability by issuing the recall, then they will also be liable if the recall does not fix the defective product. However, it is important that we demonstrate that the initial actions that they took to correct the problem did not work.
Available Damages in a Defective Product Liability Case
The injured party may be subject to the following damages in a defective product case:
- Medical costs
- Lost wages and work benefits
- Transportation costs
- Property damage
- Repair costs
Important Steps to Take With a Product Recall
It is important to understand your rights and the necessary steps to take when you receive a recall notification:
- Read the recall notice in entirety
- Contact the listed number and arrange for free repairs
- Notify the manufacturer if the repairs did not correct the problem
- Avoid use of product until repairs are completed
If you complete the required steps listed with the notification and you still suffer damages, then you may want to take additional steps:
- Contact a product liability lawyer
- File a claim against the responsible manufacturer
It is the manufacturer’s responsibility to notify owners of a product defect. It is also their responsibility to make the necessary repairs or replacement, free of cost. If they fail to do this and someone is injured, then they may be liable for the damages.
Why Hire Legal Representation for Your Product Defect Case
Collecting the necessary evidence to determine liability in a product defect case can become complicated. The liable manufacturer may attempt to demonstrate that they corrected the problem with the recall. They may also attempt to limit your damages. In some cases, they may offer to correct the problem again in return that you waive their liability. Larger manufacturers often have larger legal teams that will work hard to limit their liability.
Choosing a defective product lawyer that is familiar with New Jersey laws can help you collect the compensation that you deserve. The legal team at Drazin & Warshaw, P.C. will work hard to determine liability. Our team will manage the following aspects of your case:
- Communication with the other legal team
- Collection of any evidence
- Investigation into the case
- Research of prior recalls
- Retrieve statements from experts
- Navigate you on what to expect from the legal process
- Interview any other witnesses
- Calculate your damages and the value of your case
When you purchase or use a product that is intended for the public, you expect that it is safe for use. When it turns out that the product harms you or a family member, then you need a legal team that you can trust will fight for your justice.
Contact a Long Branch Personal Injury Lawyer to Discuss Your Product Liability Case in New Jersey
Did you or a loved one sustain serious injuries due to a defective product in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Drazin & Warshaw, P.C. represent clients injured because of defective products in Marlton, Marlboro, Salem, West Windsor, and throughout New Jersey. Call (732) 747-3730 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 25 Reckless Place, Red Bank, NJ 07701 as well as offices in Hazlet and Brick.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.