Just recently, coffee consumer favorite Keurig Brewing issued a recall that affected over 7 million machines. The use of these defective coffee makers may lead to overheated water, which has been linked to burn reports. Thousands of products are recalled every year, and the Keurig recall was the second large-scale coffee product recall in 2014. The United States Consumer Product Safety Commission is tasked with the responsibility of keeping consumers up-to-date on the latest consumer recalls and also provides an outlet for consumers to report potentially unsafe products before they pose a danger to others.
Products Liability Law: The Basics
Consumers that claim they have been injured due to a defective product, whether it be attributed to the design, manufacturing, production, packaging, or distribution of the product, may have a viable claim under the theory of products liability law. The Takata airbag debacle that has taken over recent news resulted in millions of vehicles being recalled for faulty airbags is just one example of product defects we see in our everyday life. Automotive parts, children’s toys, infant apparatuses, or foods are other examples of frequent recalls we may see in the media. Products liability suits depend on an injured individual being able to demonstrate that:
- The product is defective;
- That they were using the product in a manner which it was intended to be used, or in a manner that was a reasonably foreseeable use from the perspective of the manufacturer or otherwise responsible party;
- That it was the defect in the product that caused the injury or damage
When a recall is issued, the manufacturer of the defective product generally has a duty to attempt to contact consumers that may be affected by the faulty product and provide a remedy. In the Keurig recalls, for example, Keurig will issue a free repair kit to those who believe their brewers may be affected by the recall. The auto industry will most often repair or replace faulty parts, and consumers of defective children’s toys may be entitled to a repair or refund in certain circumstances.
Accepting responsibility for a defect and providing an avenue for repair or exchange is what we hope all companies would do to protect their consumers. Unfortunately, some companies such as with Toyota and General Motors allegedly knew about the dangerous problems with their vehicles for years before reporting such defects to consumers. Sometimes, problems are not timely relayed to consumers and serious, irreparable injuries may occur.
Boston Products Liability Attorneys
Though there is no way to ensure that every product you use on a daily basis is safe, there are things you can do to protect yourself and your family. Keep abreast on the information provided by the Consumer Product Safety Commission, report possible safety hazards so other people will not be harmed, and always monitor your children carefully when they are playing with new toys. If you have been harmed by using a defective product, or if you believe you know someone who has been injured by using such a product, you may have a viable products liability claim. Companies, both large and small, have obligations to their consumers to keep their products in a reasonably safe condition. John J. Sheehan, an experienced, knowledgeable, and well-practiced products liability attorney serving the greater Boston area, knows how to navigate a products liability claim to ensure you are entitled to the full compensation you are entitled to. Moreover, he will ensure that companies are held responsible for causing injury to others and make sure no one else is injured due to the distribution of defective products to consumers. Contact our caring, knowledgeable, staff today.