A product recall is a request to return, exchange, or replace a product after its manufacturer (or sometimes a consumer) discovers defects that could hinder its performance, harm consumers, or cause legal issues for the producers. It is likely that everyone has heard of a product being recalled at some point in their lives. There are signs at stores, ads on the radio, and even newscasters announcing a product is being recalled. Recalls are usually voluntary. Sometimes companies will request a recall on their own after discovering a problem. Other times the company will request a recall after concerns were raised about their product. A product recall puts the company requesting the recall at risk of a product liability claim. A product liability claim is when a company is held liable for their defective product. A majority of the time a consumer has been harmed due to a defective product.
One of the recent recalls involves Peloton and the U.S. Consumer Product Safety Commission announcing two separate voluntary recalls in May 2021 of Peloton’s Tread+ and Tread Treadmills. Peloton announced this recall due to risk of injury after one child died and seventy (70) incidents occurred while using this product. Peloton noted that consumers who have purchased either treadmill should stop using it immediately and contact Peloton for a full refund or for another qualified remedy.
Additionally, in May 2021, JCPenney announced a recall of a girls puffer jacket due to an entanglement hazard. The jackets have a drawstring in them, and the drawstring can become entangled on playground slides, moving objects, and handrails, posing a hazard to children. JCPenney said consumers should take the jacket away from children immediately and remove the drawstring or contact JCPenney to return the jacket and receive a refund.
Also in May 2021, IKEA recalled certain bowls, plates, and mugs due to the products becoming brittle and breaking, causing hot food or liquid to leak out and create a burn hazard. IKEA noted that consumers should stop using the products immediately and return them to their store for a refund.
In April 2021, Target recalled a baby romper due to a choking hazard. The romper had heart-shaped graphics on the knees that can peel off and detach. This posed a choking hazard to children. Target noted that consumers should take the rompers away from children immediately and return them for a full refund. Target received at least forty (40) reports of the hearts detaching, including one report of a child choking.
These are only a few examples of product recalls from this year. A product recall does not itself allow for you to sue a company, but if you have been injured by a defective product then you may have a product liability claim against the company. In addition, products that have not been issued a recall may still be considered defective. If you have been injured due to a manufacturing defect or a design defect, you must establish: (1) a condition of the product that results from manufacturing or design; (2) the condition made the product unreasonably dangerous; (3) the condition existed at the time the product left the defendant’s control; (4) you suffered an injury; and (5) the injury was proximately caused by the condition. Salerno v. Innovative Surveillance Tech., Inc., 932 N.E.2d 101, 108 (Ill. App. 1st Dist. 2010). It is important to contact a personal injury attorney to fully evaluate your situation and to help determine if you can recover financial compensation for your injuries.
If you have been injured due to a defective product, the personal injury lawyers at Sherwood Law Group have experience handling complex cases and can help you determine if you have a product liability case. Our experienced personal injury attorneys will thoroughly evaluate your case and get you the compensation that you rightfully deserve for your injuries. All consultations are absolutely free. Contact Sherwood Law Group at 312.627.1650 or firstname.lastname@example.org.