When a company is made aware that one of their products is dangerous and defective, that company has an obligation to inform consumers and to remove that product from the market. This is typically done through the institution of a product recall. But what if a consumer is not aware that a product has been recalled? If a consumer continues to use a dangerous product because they were not aware of the recall, they could be seriously injured.
What is a Product Recall?
A product recall is a process manufacturers, and the Consumer Products Safety Commission (CPSC) use to retrieve products that are potentially defective and unsafe for consumers. Companies typically provide consumers with some type of compensation for turning in the defective product. When a product is recalled, a manufacturer has a duty to inform the public of the recall.
How is the Public Informed of a Product Recall?
Manufacturers should inform the public of a recall through the use of the media, social media, and the internet. Typically the CPSC will issue a press release that directs consumers about how they can obtain more information regarding the recall. However, sometimes manufacturers aren’t doing enough to inform consumers.
The advocacy group Kids In Danger (KID) analyzed the recalls of 122 children’s products between July 2017 and June 2019. They found that only 65% of recalling companies placed information about the recall on their company website. In addition, links provided in CPSC press releases often didn’t point to websites that would provide information about a recall. Additionally, in 52% of cases, recalling companies did not place information about a recall on any social media platform.
If consumers are not aware of a recall, then they may continue to use dangerous products that can cause injury. KID is recommending the CPSC issue a mandate that requires recalling companies to establish a web page dedicated to the recall. This would give consumers a centralized place to access information about a recall and learn how to participate. Companies should also be encouraged to use all available methods to inform the public of a product recall.
Contact an Experienced Product Liability Attorney
If you’ve been injured by a dangerous and defective product, you should have an experienced product liability attorney evaluate your case. At Bonina & Bonina, P.C., we’ve been helping injured New Yorkers for over 50 years. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.