Defective Products Can Trigger Different Recall Types in South Carolina

The recall of a product routinely triggers personal injury litigation. Products are recalled when there is a problem that prevents some type of risk or danger to consumers. While a recall does not automatically mean a product manufacturer or distributor is going to be held liable and made to compensate product users for harm, it is a tipoff that a problem with the product could lead to manufacturer liability for damages resulting from the use of the product as intended.

Consumers need to be aware of recalls and should ensure they stop using products immediately. When a product is harmful to a consumer, the consumer should keep the receipt, the packaging, and all other available information about the product. A personal injury lawyer can help the affected victim determine if it is possible to file a lawsuit or to join mass tort litigation in order to seek monetary damages from the maker of the defective product.

Different Products Have Different Recall Protocols

For consumers who wish to protect their interests and stay abreast of news related to product recalls, it is important to understand the different types of recalls. Life Hacker recently summarized three primary categories of recalls which occur in the United States.

The first category refers to food and drug recalls, which are overseen by the Food and Drug Administration and/or by the US Department of Agriculture. Other than alcohol and shellfish, any consumable items that turn out to be defective will have recalls managed by the FDA and/or USDA. Food and Drug recalls are divided into three different classes: Class 1 recalls mean the product presents a risk of permanent injury or death; Class 2 recalls mean the product presents a risk of temporary or curable injury; and Class 3 recalls mean there was a violation of labeling rules or other regulations affecting the product.

The second category refers to vehicle recalls. The National Highway Traffic Safety Administration (NHTSA) oversees recalls of cars, car parts (like defective tires) and car accessories like car seats. NHTSA becomes involved in situations where the agency receives many similar complaints from consumers or in situations where a defect in a vehicle, its components, or its accessories presents a significant injury risk to motorists.

The third category is a broad category referring to all other kinds of recalls. All non-food, non-drug and non-car recalls are overseen by the Consumer Product Safety Commission (CPSC). CPSC recalls may be triggered by the manufacturer asking the agency for assistance with a product that needs to be recalled or may be triggered by many complaints about the same product.

Recalls may be voluntary or mandatory depending upon the extent of the product risk and the product type. It is a good idea for consumers to check regularly on different federal agency websites where news of recalls are posted in order to determine if they are unwittingly using any products which have turned out to be dangerous.