If you are suing over a defective product and you suddenly hear that said product has been recalled, you might be wondering what that means for your personal injury case. A product recall could affect your case, but for the most part your task is still going to be the same. You are going to have to show that a specific product caused you harm, and a Pike County, KY product liability lawyer from our firm can help you do that.
Does a Product Recall Make My Claim Easier to Prove?
A product recall might seem like the silver bullet you need to prove your case. If the manufacturer recalls a product, aren’t they basically admitting guilt? That’s not exactly how the legal system sees it.
In fact, a product recall might not even be mentioned if you are suing the manufacturer in court. A judge may make news of a recall inadmissible because it could bias the jury.
What Still Has to Be Proven in a Product Liability Case?
What this all means is that the basic calculus in your product liability case does not change. Whether there is a product recall or not, you still have to show a few important things when you sue:
- The particular product you used was defective
- You were injured while using the product for its intended purpose
- The defect and your injury are directly connected
Will a Product Recall Make a Manufacturer Less Liable?
A manufacturer also cannot use a product recall to shield themselves from liability. It’s good that they did the right thing here, but they still caused people harm. If you were injured before the recall or there was no real effort to contact users of the product and inform them of a recall, you could still have a case.
How Long Do I Have to Sue Over a Defective Product?
People who get injured by defective products have a limited time to sue. Kentucky gives victims one year to sue. Wait too long to begin legal action and you miss your chance at securing compensation.
Do I Need a Personal Injury Attorney?
You can try to pursue damages on your own, but you should know that an attorney can do a lot to help you with your product liability case. A lawyer from our firm can:
- Answer any questions that you have
- Keep track of important dates and deadlines
- Help you file before the statute of limitations expires
- Handle communications on your behalf
- Calculate fair compensation
- Prepare you for testimony or depositions
Meet With Our Legal Team
If you have been injured by a defective product, we can help you hold the manufacturer accountable. Contact Shane Hall Attorney at Law and schedule a consultation. We can tell you more about your legal options and the potential value of your case.
