Product Recalls

Manufacturers of products owe a duty to consumers to both create safe products and to alert consumers if it becomes evident that a product has a manufacturing, design, or marketing defect that makes it unsafe. The most common method of advising the public that a product is unsafe is through a product recall. While product recalls are generally issued to avoid injury, they are not foolproof and defective products will often cause injuries after a product recall has been issued. If you were harmed by a defective product after a recall had been issued for the product, an experienced Cape Cod products liability attorney can meet with you to discuss the facts of your case and whether you may be able to recover compensation. At the Law Offices of John C. Manoog, III, we have collectively been representing local residents in injury cases for over 150 years and will diligently pursue any damages you may be owed. Our experience in navigating the complexities of product liability and other accident cases has enabled us to obtain many verdicts and settlements in the multi-millions of dollars for our clients.

Products can be unsafe due to the manner in which they were designed or the manner in which they were manufactured. Products can also be unsafe if they lack sufficient warnings regarding any harm posed by ordinary use of the product. When it becomes evident that a product is unsafe for any reason, the manufacturer has a duty to alert any consumers who purchased or are using the product of any dangers posed by the product. There are multiple governmental agencies that can prompt a manufacturer to issue a recall, but manufacturers frequently issue recalls on their own to avoid potential harm or liability.

Under Massachusetts law, people who purchased or leased a product that is later determined to be defective may be able to recover compensation from the manufacturer for any injuries caused by the product. In any product liability case, to impose liability on the manufacturer you must prove that the product was unsafe at the time you purchased or leased it, and the defect ultimately caused your injury.

In cases where the manufacturer issued a product recall, the recall may be admissible as evidence of a product defect. The Massachusetts courts do not automatically allow a product recall to be admitted into evidence, however, but require the injured party to first prove that the particular product in question was defective and that the defect caused the specific injury alleged. Additionally, in some cases the manufacturer will attempt to use the recall as evidence that the injured party was aware of the defect and assumed the risk of using the product. Products liability cases are multi-faceted and complicated, and require the assistance of an attorney well-versed in handling any issues that may arise.

Under Massachusetts law, a person who suffered injuries due to a defective product must file any lawsuits seeking compensation for his or her injuries within three years from the date he or she was injured. Generally, the damages pursued in product liability cases are the cost of any medical treatment for injuries caused by the product, and the cost of any reasonably certain treatment that the injured party will need in the future. In addition to seeking damages for the economic harm caused by the product, injured parties frequently seek damages for the pain and suffering caused by their injuries as well.

Injuries caused by unsafe products can be devastating. If you were injured by a medical device, dangerous drug, auto part, or other product for which the manufacturer issued a recall, you may be able to recover compensation for your pain and suffering and the cost of treating your injuries. The experienced products liability lawyers of the Law Offices of John C. Manoog, III have the skills needed to assist you in pursuing claims against the manufacturer and distributor of the product. We will work tirelessly to help you seek any damages you may be owed. We represent Cape Cod residents and are available for consultations in Hyannis and Plymouth as well. We can be contacted at (888) 262-6664 or through our online form to set up a meeting. Nós Falamos Português.