From Recall To Lawsuit: How The CPSC’s Oster Countertop Oven Recall Fits Into Product Liability Law

Product recall actions sometimes start with little fanfare, such as a notice posted on the Consumer Product Safety Commission (CPSC) website. However, recall actions can be indicative of serious issues that have legal ramifications. In the recent recall of Oster French door countertop ovens, a consumer safety recall can escalate into a potential product liability case. 

The Oster countertop oven recall 

According to the CPSC, Oster French door countertop ovens were recalled after reports of the oven door overheating and shattering, creating a burn and laceration hazard to consumers. The recall came after multiple reports of property damage and personal injuries. As with many recalls, the manufacturer provided consumers with various remedies, including refunds, replacement, or repair of the product.

While the recall of the product will minimize future harm, it will not remove the current harm that consumers who were burned by the product before the recall have suffered. To assess whether the product liability lawsuit is viable, you need a product liability attorney who specializes in these cases. 

How a recall fits into product liability claims

In product liability law, a recall is not necessary to file a lawsuit, but it can be very effective evidence. Product liability suits involving recalled products usually fall within one or more of these three main categories: 

• Design defect – If the design of the Oster oven was such that the doors could and did overheat and fail when used in a normal manner, consumers who were injured by these defective ovens can assert a design defect claim, arguing that the product was unreasonably dangerous when used in a manner that was foreseeable by the company that manufactured it. This involves an examination of whether a safe and feasible alternative design was available when the product was sold to consumers. 

• Manufacturing defect – If only some of the defective ovens were faulty due to a problem in their production, then the injured consumers can assert a manufacturing defect claim. 

• Failure to warn – Even when a product is safe and does function as designed, manufacturers have a duty to warn consumers of any dangers associated with the product that they should be aware of. If Oster had known about the danger of their oven doors overheating, they can be liable for failure to warn claims. 

The legal significance of the CPSC recall

Generally speaking, the CPSC recalls products when there is a “substantial hazard.” This could be used to show the defendant was put on notice of the danger in litigation. Documents gathered from the defendant through the discovery process could show when the complaints started and whether they were addressed in a timely manner.

Manufacturers tend to argue that providing a remedy through recall limits their liability. The argument is not usually upheld in court. A recall can prevent future damage, but it does not pay for medical expenses, lost wages, and reduced quality of life. 

Talk to a Florida Product Liability Lawyer 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 discussing your next steps right away.