Product recalls can be a disruptive and alarming events for consumers and businesses. When a product is recalled, it raises questions about its safety, quality, and the harm it may have caused. But what does a product recall mean in terms of liability?
While a product recall can strengthen a class action lawsuit, a company is not automatically liable because of a recall. This blog post will explore how a product recall can support your case.
How a Product Recall Can Strengthen a Class Action Lawsuit
Establishing liability in a class action lawsuit is complex. However, a product recall can strengthen the plaintiffs’ claims in the following ways.
- Existence of a Product Defect: A product recall shows that the defendant recognized a problem with the product’s design, manufacturing, or marketing.
- Knowledge of Potential Harm: A recall demonstrates that the defendant had knowledge of the potential harm the product could cause. This knowledge may be crucial in establishing that the defendant was negligent if they didn’t act promptly to warn consumers and address the problem.
- Causation: If the recall was based on reports of injuries or health problems cited in the lawsuit, it can support the plaintiffs’ claims that the product was responsible.
A Product Recall Does Not Automatically Prove Liability
When a company issues a recall, it acknowledges that its product poses some risk. This admission can serve as crucial evidence for plaintiffs’ pursuit of compensation. However, a recall is not conclusive proof that a manufacturer is liable.
To establish liability, a class action lawyer must demonstrate that the product caused the harm suffered by the plaintiffs. The attorney needs to provide evidence linking the defective product to the injuries suffered by the affected individuals. In a case based on negligence rather than strict liability, a lawyer must also prove that the manufacturer failed to meet its duty of care in ensuring safe products.
Manufacturers often argue that consumers were injured because they misused the product or that illnesses like cancer were unrelated to the drug or product. They may also claim that the product had given adequate warnings, shifting responsibility onto consumers.
Attorneys need to be prepared to support their case and also counter the defense’s arguments using compelling evidence. This can include medical records, testimony from medical experts, and more.
Additional Evidence in a Class Action Case
Here are various types of evidence that can be utilized to support a class action lawsuit.
Consumer Complaints and Incidents
- Records of interactions with customer service, adverse incident reports, and consumer complaints related to the recalled product.
- Documentation of injuries, illnesses, property damage, or any harm experienced by class members due to product defects.
Medical Records and Expert Testimony
- Medical records and expert opinions link the recalled product to specific injuries or health issues suffered by plaintiffs.
- Medical professionals’ expert testimony clarifies the cause-and-effect relationship between the product and alleged harm.
Manufacturer Negligence or Wrongdoing
- Internal communication, emails, or memos indicating the manufacturer’s awareness of potential risks or defects without adequate action.
- Evidence of negligence, cost-cutting measures, or shortcuts in the manufacturer’s design, production, or quality control processes.
By presenting a combination of these types of evidence, a compelling case can be built to demonstrate the connection between the recalled product and the harm experienced by consumers in a class action liability claim.
Contact Class Action Lawyer Coalition Today
While a product recall can support the plaintiffs’ case, it does not guarantee the success of a class action lawsuit. Establishing liability requires thorough investigation and compelling evidence.
If you believe a defective product has harmed you and are considering legal action, If you believe a defective product has harmed you and are considering legal action, discuss your case with an attorney at Class Action Lawyer Coalition. With extensive experience in this area of litigation, we are well-equipped to fight for the compensation you deserve.
Contact us today at 855-938-0980 for a free case evaluation.