We have all heard of a “recall” or that a product “has a recall.” These can be required by various government agencies like the Consumer Product Safety Commission (CPSC), the Food & Drug Administration (FDA) or the National Highway Traffic Safety Administration (NHTSA). Product recalls can also be generated by the product manufacturer itself. Regardless of whether a “recall” has been issued, almost anything which is manufactured or produced and then placed in the stream of commerce for purchase or consumption by the public can be the subject of product liability litigation. Some examples of these products from across the country are:
- motor vehicles such as cars, trucks, vans, SUV’s and motorcycles, along and automotive parts or accessories such as tires, brakes, seatbelts and airbags;
- motorized recreational vehicles such as 4-wheelers, ATV’s, motor scooters, golf carts, jet skis and motor boats;
- non-motorized vehicles such as bicycles, rollerblades, skates and scooters;
- construction or farm equipment such as tractors, bobcats, tractors, bulldozers, cranes, jackhammers, welding tools, scaffolding, ladders and power lifts;
- industrial equipment such as forklifts, hoists, air compressors, punch presses, boilers and turbines;
- firearms such as rifles, pistols, hand guns, trigger locks and pellet guns;
- hunting and fishing equipment such as tents, propane heaters, grills and deer stands;
- lawn equipment such as lawnmowers, chainsaws, mulchers and blowers;
- shop equipment such as saws, drills, nail drivers and other power tools;
- household appliances such as water heaters, stoves, furnaces, gas fireplaces, space heaters, irons and outdoor grills;
- fire safety equipment such as smoke detectors, fire extinguishers, gas monitors and carbon monoxide detectors;
- toxic or potentially poisonous substances such as pesticides, herbicides, insect repellants, solvents, household cleaners, insulation and lead paint;
- children’s items such as toys, cribs, strollers, child car seats, swings and playground equipment;
- medical devices such as implants, ECG monitors, coronary stents, pacemakers, defibrillators, surgical mesh, heart valve replacements, and joint replacement components; and
- pharmaceutical products such as prescription drugs, prescription patches and over-the-counter medicine.
It is very important to preserve the specific product causing a person injury by all possible. The actual product is extremely important to determine the identity of the manufacturer, and to determine what caused the product to fail or cause injury. It is an important piece of evidence that my office can help you preserve immediately after you call me.
Remember, the important thing about a successful product liability claim is that they give the manufacturer the incentive to recall or redesign a dangerous product to avoid further lawsuits and injury to other members of the public. This makes everything at the store safer for us all –which is a good thing.