Thousands of products are recalled every year due to an unreasonable risk of injury to consumers. The Consumer Product Safety Commission (CPSC) is the federal agency charged with protecting the public from unreasonable risk of injury or death associated with consumer products that fall under its jurisdiction.
The agency ensures that consumer products on the open market are safe for consumers, including motor vehicles, pharmaceutical and drugs, medical devices and thousands of other consumer products. The National Highway Traffic Safety Administration (NHTSA) oversees motor vehicle recalls.
Federal law prohibits the sale of any consumer product that has been recalled, whether voluntarily or under a mandatory recall order. Unfortunately, many deaths and injuries occur before the CPSC scrutinizes a product. Adults and children are exposed to risks of injury from purchased products that are present and in use in homes across the nation but are later subject to recalls.
Types of Recalled Products
Every year millions of vehicles are recalled for defects that could endanger the life and health of drivers and passengers. The NHTSA, which issues the recalls, tests vehicles to ensure the safety of consumers. National and local media have reported on high-profile recalls, while others are not as highly publicized. Both new and older model vehicles may be subject to a recall notice, and the manufacturer is required to repair the vehicle at no cost to the consumer. Read more about motor vehicle recalls.
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Pharmaceuticals fall under the jurisdiction of the U.S. Food and Drug Administration (FDA). Recalls of pharmaceutical drugs are most frequently voluntary. Pharmaceutical recalls are placed into various classes, with Class I recalls concerning drugs that have a reasonable probability that the use of, or exposure to, the drug will cause serious adverse health consequences or death.
All medical devices are required to meet the standards under the under the Center for Devices and Radiological Health (CDRH), a branch of the FDA. The CDRH gives premarket approval for all medical devices and oversees the manufacture, performance and safety of these devices. Many medical devices are used extensively, but then recalled when later found to be defective or dangerous to human health. Some of the wide recalls include certain hip replacements and mesh used in vaginal surgery. Read more about recalled medical devices, and what to do if you or a loved one was injured or suffered severe health consequences.
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All consumer products on the open market must meet federal standards under several laws, including the Consumer Product Safety Act, the Flammable Fabrics Act, the Federal Hazardous Substances Act, the Poison Prevention Packaging Act, and the Refrigerator Safety Act. The government carefully monitors consumer products for infants and children, but, unfortunately, dangerous consumer products are sold and used every year, endangering babies, children and adults.
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What To Do If You Have A Recalled Product
If you discover you have a recalled product in your home, it is imperative that you do not continue using the item, and heed the recall notice. Any person in doubt about a recalled product is advised to dispose of it. Any item that is used by children is of particular concern, and should never be used if recalled.
You can find out about a recalled product by accessing the manufacturer’s website to find out what the company advises regarding the item, and whether they will replace it with an item that is safe. Baby products – including cribs, car seats and toys – can be extremely dangerous, and should never be used if a recall notice has been issued.
If you bought a baby crib or other item used for young children, go to the CPSC website and check for recalls before using the product.
Not all people who sell baby furniture or other items are aware of recalls and you may have purchased a dangerous product that could harm your child, especially if you purchased a used item. An average of 88 children die every year from nursery products, and avoiding tragedy is of utmost concern.
How To Shop Smartly
It is always best to purchase your products from a trusted retailer. Even then, certain products may be subject to recall, including children’s clothing, toys, jewelry, cribs, car seats and others.
Parents are advised to frequently check for recalls on any items used for children, as even with recall notices issued, you may not be aware of it until a disaster occurs. Buying off-brand electrical devices can be risky, and always ensure that your purchases have been approved by Underwriter’s Labs (UL).
Many products we use in the USA are manufactured overseas where the quality standards may be less stringent, or the manufacturer has violated the safety laws in the U.S. Be alert to the source of your goods, and if you are buying directly from another person, ensure you find out if that product has been recalled before you buy or use the product.
Injured by a Recalled Product?
Babies and children have died or suffered serious injuries from toys, baby furniture, cribs, car seats, and other items. If you are one of the many victims of a dangerous consumer product, it can be a terrible and tragic situation for families having to cope with the loss of a treasured and loved family member.
The law protects individuals injured by dangerous consumer products, allowing legal action against all parties who are responsible for the injury, illness, health condition or loss of life.
At Herrman & Herrman, P.L.L.C., our product liability lawyers are engaged in seeking justice for individuals and families who have been injured by dangerous or defective consumer products. You deserve to be compensated for your injuries, and we are prepared to discuss all the details with you, including the value of your case.
Call now for a free case evaluation.