The Cochran Firm Legal Blog

Every year tens of thousands of Americans are killed by defective consumer products. Once a defective product becomes known to the manufacturer and marketer, they are supposed to initiate a recall. Unfortunately, recalls are not one hundred percent effective (at best, recalls tend to be about 70% effective and many are only 30% effective). Even after a recall has been initiated many people continue to be injured or killed by a recalled defective product. In fact, some people buy products new after a recall of that product, not knowing the product is actually defective.

No one should buy a product that is known to be defective. Retailers have a responsibility to protect consumers by getting recalled items off their shelves, but currently they have no legal liability to enforce that responsibility. Under current product liability law, retailers are protected from lawsuits over defective products, even after that product has been recalled, which means that they have nothing to lose in continuing to sell defective products.

In many ways, protecting retailers makes sense. They are middlemen and cannot be expected to understand the working of every product they sell. But they can and should be expected to pay attention to product recalls. One of the main problems limiting the effectiveness of product recalls is that the manufacturer does not have contact with end consumers, but lines of communication always exist between manufacturers and retailers, and most retailers play an important part in product recalls. Those who fail to their customers should bear some legal responsibility.

Changing this flaw in the product liability law may be a long time coming. In the meantime, The Cochran Firm is prepared to seek compensation for your defective product injury from those who have legal liability, the manufacturers. Please call or email us today for a free consultation.

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