Peach & Weathers - A Law Corporation

Over 60 Years of Combined Experience In Personal Injury Law

What recall remedies are available to consumers?

We all use consumer goods. In society today, individuals in California and elsewhere find it nearly impossible to get through a day without using some consumer product. While many of these products are very resourceful and helpful, the reality is that their usefulness and dependability is only as good as the person or company that has made it. Thus, when a designer or manufacturer makes an error, this can impact all the products in the line of commerce. Even more so, consumers using these products are put at risk for injury.

When either manufacturers or consumers uncover defects, a recall is likely issued. These are done as a means to alert consumers and prevent further injuries from being experienced. When a recall is issued, consumers have various options available to them moving forward.

What recall remedies are available to consumers? The first is to have the product repaired. Depending on the type of defect, a manufacturer, free of charge, can repair the product. This is likely to occur if the defect is small and easy to fix. The second is to have the product replaced. The product or component part will be replaced by the manufacturer free of charge. The final recall remedy is to refund the consumer minus depreciation if the product falls under a certain category, such as a vehicle. In most cases, refunds are only available for car recalls.

These recall remedies only address the product in question. They do not resolve any issues or harms experienced by the consumer by the defective product. Thus, injured consumers will still have to file a civil action to correct the harms experienced by a defective product. A products liability suit could help an injured consumer hold a manufacturer liable for the harms experienced while also helping with the recovery of compensation for losses and damages experienced.

Source: Findlaw.com, "Your Right to Recall Remedies," accessed Oct. 22, 2017

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