When products are recalled over safety concerns, consumers should pay close attention to the recall notices, but they should not panic. In many situations, products are recalled for relatively minor issues that are not likely to cause injury. However, in some cases, products may be recalled due to serious safety issues that could lead to debilitating or fatal injuries. If you own a product that is recalled due to a safety defect, should you file a claim? The answer to that question depends upon a variety of factors, and you should discuss the specific facts of your case with an Encinitas product liability lawyer.
In the meantime, we want to provide you with more information that can help you to determine if it makes sense to get in touch with an attorney about filing a product defect claim.
You Must Have Suffered an Injury
In order to be eligible for compensation in a product defect lawsuit, you must have suffered an injury, and the injury must have resulted from the defect in the recalled product. Simply owning an item that has been recalled is not enough to be eligible to obtain compensation in a product liability lawsuit.
Your Injury Must Have Been Caused by the Defect
To file a successful product defect claim after a safety recall, the injury you sustained must have been caused by the defect. If you were simply injured while using the defective product but the defect (or the product itself) did not cause your injury, you may not be eligible for compensation.
You Must Have Been Using the Product in the Way That Was Intended or Foreseeable
Assuming that you did suffer an injury and that the defect associated with the product caused your injury, you must have been using the product in the way it was intended (or in a foreseeable manner) to be eligible for compensation. Otherwise, you might not be able to win a product defect lawsuit against the designer, manufacturer, or marketer of the product.
You Must be Within the Time Window for Filing a Lawsuit
In order to seek compensation after suffering a serious injury from a defective product, you must file your claim within a relatively short time window. Under California law, most personal injury lawsuits, including product defect cases, must be filed within two years from the date of the injury. If that two-year time window has closed, you could have a time-barred claim and you could be ineligible to seek compensation through a civil lawsuit. At the same time, you should not assume you have two years to file a lawsuit. Some personal injury claims have a shorter statute of limitations that will run out before two years have passed from the date of the injury. An Encinitas personal injury lawyer will do everything possible to ensure that your claim is filed on time.
Contact an Encinitas Product Defect Lawyer
If you were harmed by a defective product that has been recalled, one of our experienced Encinitas defective product attorneys can speak with you today about your options for filing a claim for financial compensation. Contact the Walton Law Firm for more information about how we can assist you.
See Related Blog Posts: