What Is A Product Recall?
Sometimes products are so obviously defective and dangerous that a manufacturer will “recall” them. A recall is a manufacturer’s request to return a product that poses a serious danger to consumers. Most manufacturers issue recalls because either they are forced to do so by a government agency, or because they hope to minimize their liability from lawsuits.
Product Recalls in the United States
Several U.S. government entities are involved in regulating products. Many have authority to issue recalls. Most recalls that affect ordinary Americans are issued by the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), and the National Highway Traffic Safety Administration (NHTSA).
Federal government organizations responsible for regulating products include:
- Alcohol and Tobacco Tax and Trade Bureau (TTB) — alcohol
- Bureau of Alcohol, Tobacco, and Firearms — guns and ammunition
- Consumer Product Safety Commission (CPSC) — consumer products, such as vehicles and parts, electrical devices, and toy — the Houston product liability lawyers at Morrow & Sheppard proudly represent individuals who have been harmed by products recalled by the CPSC
- Environmental Protection Agency (EPA) — pesticides, fertilizers, rodenticides, fungicides, vehicle emissions, and other materials harmful to the environment
- Federal Aviation Administration (FAA) — aircraft including airplanes, jets, and helicopters
- Food and Drug Administration (FDA) — pharmaceutical drugs, medical devices, food, and cosmetics
- National Highway Traffic Safety Administration (NHTSA): vehicles and related products, including airbags, cars, trucks, vans, 18 wheelers, motorcycles, tires, and seat belts–the Houston injury lawyers at Morrow & Sheppard handle cases involving these issues
- Occupational Safety & Health Administration — industrial and work related devices that cause work injuries
- United States Coast Guard — maritime vehicles and products including boats, watercraft, and life preservers–as Texas Jones Act lawyers, we handle cases involving these products
- United Stated Department of Agriculture (USDA) — eggs, meat, poultry
Product Recalls Are Not a Prerequisite To Suit
A recall is not required to bring a products liability lawsuit. A product recall notice often can, however, be used to establish a manufacturing defect, design defect, or warning defect.
Morrow & Sheppard Help People Injured By Dangerous Products
Whether your injury was caused by a dangerous drug, poorly manufactured consumer electrical product, or defective car or truck, the Texas personal injury lawyers at Morrow & Sheppard can help. We offer 100% free and confidential consultations to all accident victims to make sure they know their legal rights. Please contact us now to begin the process.
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Texas Rule of Evidence 407
Ford Motor Company v. Durrill, 714 S.W.2d 329 (Corpus Christi, Texas Appeals Court 1986) (affirming multi-million-dollar jury award in case brought against Ford Motor Company arising from defective fuel tank in Ford Mustang and failure to warn of dangers; recall notice was properly admitted evidence of defects; admission of evidence regarding applicable governmental standards was also properly admitted; evidence of demonstrative video that showed cars burning admitted to show what it was like to burn to death, and used during closing argument, was not reversible error; decedent sustained third degree burns over 70-80 percent of her body and was conscious during her last 7 days in the hospital).