Rosenbaum & Rosenbaum, P.C. | July 19, 2017 | Products Liability
The general assumption amongst most in Manhattan may be that when products are recalled, it is solely due to problems or errors committed by the manufacturer. In reality, oftentimes manufacturers are as blindsided by recalls as consumers may be. If and when there is problem with one of the components of their products, they are forced to issue recalls. Consumers might not distinguish between a manufacturer and a supplier, thus damaging the reputation of a manufacturer for a problem it may have not been responsible for. In this situation, the suppliers who provided the tainted components could not face liability claims from consumers, but from distribution partners, as well.
A small company from New York could potentially face such backlash after it was discovered that listeria was found at its manufacturing facility. Listeria can cause an infection that can be fatal for pregnant women as well as their unborn babies, along the elderly and people with compromised immune systems. The company makes nut products that are used by several snack bar manufacturers across the country. News of the listeria problem has prompted three companies to recall some of its products, along with a national grocery distributor. Thus far, no illnesses have been associated with this recall.
Most product recalls are voluntary actions, yet they are necessitated due to the potential for liability that could come from inaction. Yet having a recall in place does not absolve a manufacturer or supplier of liability. It could still be made to answer for any claims that arise due to its error. Those needing to initiate such claims may wish to work with an attorney in doing so.
Source: Miami Herald “A small company has a big listeria problem” Neal, David J., June 18, 2017