Class action lawsuits are a legal remedy available when one party’s defaults, misconduct or negligence impact numerous outside parties. If a defective product causes injury to consumers or puts them at risk of property damage, possibly by causing house fires, groups of consumers may band together to take legal action against the manufacturer.
A successful product liability lawsuit can compensate consumers for the economic harm associated with a poorly-manufactured or negligently-designed product. In some situations, consumers negatively affected by dangerous and defective products may assume that they do not have any legal recourse available to them.
Can a voluntary recall prohibit consumers from pursuing a class action lawsuit?
Recalls limit but do not eliminate liability
A voluntary product recall can be a lengthy and expensive process. The company that designed an unsafe product or that learns that certain production batches do not meet company standards needs to communicate with federal agencies. They have to propose a corrective action plan to address the product defect.
Options may include arranging for consumers to return products for a full refund or replacement. In scenarios involving larger, more expensive products, like vehicles, the recall may involve the replacement of defective components or the repair of certain systems at licensed facilities.
A company that has already initiated a recall has less liability than companies that ignore defective products. However, a recall does not prevent consumers from initiating product defect lawsuits, including class action lawsuits.
Any issues that arose prior to the recall can provide grounds for litigation. Consumers may also have the option of joining a class action lawsuit if the company is slow about rolling out the recall or fails to effectively communicate with consumers. Those hoping to join or initiate a class action lawsuit based on product defects may need proof of the issue with the product and information about the impact that the defect had.
Reviewing the details of the damage caused by a product and comparing that with information about the recall can help consumers explore their options. Joining or initiating a class action lawsuit may be the best option available for those harmed by dangerous or defective products.