Manufacturers can perform product recalls when they realize that one of the items that they have made could be dangerous to other people. But what happens if you have already been harmed by said item and made a personal injury claim? You still have to make your case, and a San Angelo, Texas defective product lawyer can help you do that.
Are Manufacturers Immune From Lawsuits After Product Recalls?
A manufacturer cannot escape liability just because they have issued some product recalls. A recall does not get them off the hook, especially if that recall was issued after you got hurt or if the manufacturer did not do a good job of notifying product owners about potential dangers. Your personal injury case against a company can continue even if they have recalled the item that caused you harm.
How Can I Make My Case Against a Product Manufacturer?
Even if an item was recalled, you still need to show that the particular product that you used was defective. In a product liability case, it is necessary to show that:
- The product was defective
- You were hurt while using the product
- The defect and your injury are linked
Now, a product manufacturer is going to try and poke holes in your story here. They are going to accuse you of wrongdoing. However, if you used the product in the way that it was intended and you did not modify it in any way, then you probably have a solid case to make against the manufacturer.
Are All Product Recalls Mandatory?
Another important thing to remember about recalls is that they are not always mandatory. Sometimes regulators will merely suggest that a company recalls a particular product. If the manufacturer ignores such warnings and continues to sell the product, they should certainly be held accountable if that product causes harm.
What Should a Fair Compensation Offer Cover in a Product Liability Case?
When you sue for compensation, you are not just looking for a settlement that can cover the expenses associated with the injuries that a defective product caused. This economic element is important, but you should also be compensated for your pain and suffering. This is harder to quantify, but any incident where you get injured like this is going to leave behind psychological trauma. That is why we help our clients fight for settlements that account for factors like:
- Medical expenses
- Lost wages
- Mental anguish
- Pain from disability or dismemberment
- Loss of enjoyment
- Loss of earning potential
Schedule Your Consultation Today
If you or a loved one has been injured by a defective product, you don’t have to try and pursue compensation on your own. Contact the Mathis Law Firm and schedule a free consultation with our team, We can tell you more about your options.