CPSC Recalls Show How Everyday Products Can Become Product Liability Lawsuits
Year after year, the Consumer Product Safety Commission (CPSC) announces hundreds of product recall notices on items commonly found in residences nationwide. While the purpose of recall notices is often viewed as preventative in nature, they can be seen as an excellent case study on the nature of product liability cases themselves. Recent recall notices on furniture, children’s items, and other consumer goods illustrate the same theories of liability that have led to some of the largest product liability lawsuits of the past few decades.
Recent CPSC recalls raising serious concerns
Some of the most prominent products that have been recalled recently include furniture dressers that can cause tip-over accidents, children’s products that do not meet safety standards, and other products with faulty packaging. In some cases, the furniture dressers did not meet federal requirements for stability, rendering them prone to tipping over and crushing consumers, especially children. In other cases, dietary supplement bottles did not meet the child-resistant packaging standards, which made them prone to poisoning children.
Other products that the CPSC has had to recall include flammable clothing, infant feeding pillows that were associated with suffocation risks, and household products that had sharp and breakable parts, causing laceration injuries. While there are cases of recalls for products that are reported to cause injuries, there are instances where people are injured before the product is recalled.
How recalls connect to product liability lawsuits
The fact that a product is recalled does not necessarily mean that the maker is liable, but it is often an important part of the case when defective products are litigated. Recalls are often used by plaintiffs to prove that the product was either defective or unreasonably dangerous. In product liability cases, documents show that the maker was aware of the problem before issuing the recall.
This is reminiscent of many previous product liability cases, where furniture, children’s toys, and other goods were either defective or failed to meet the minimum level of safety. The courts have long recognized that manufacturers have an obligation to make safe and reasonable products, and also an obligation to inform users of potential dangers. When recalls confirm that there is indeed a risk of injury, it is often an important part of the case.
Historical lessons from product liability cases
Past cases of product liability demonstrate the potential for risks associated with recalls to build into massive lawsuits. Tip-over furniture cases, for instance, have given rise to wrongful death and catastrophic injury claims in which plaintiffs alleged that the manufacturers failed to consider foreseeable use by children. In other instances, cases of inadequate child-resistant packaging have been subject to liability determinations where manufacturers failed to adhere to set standards.
All these cases are subject to allegations of failure to adhere to safety standards, which are also true for recently recalled products. This demonstrates the potential of recalls to act as a roadmap for identifying potential liability.
Talk to a Florida Product Liability Lawsuit Today
Halpern, Santos & Pinkert represent the interests of Florida residents who have been injured by a dangerous or defective product. Call our Florida personal injury lawyers today to schedule an appointment, and we can begin investigating your case today.
