Rosenbaum & Rosenbaum, P.C. | January 12, 2019 | Products Liability
News that you may be using a recalled product might immediately cause you to panic. The common school of thought amongst many in New York may be that products are only recalled if they are extremely dangerous. Thus, using one automatically puts you and your family in great danger, too. While this may be the case with certain products, oftentimes an item may be recalled for a relatively mundane or minor issue. When it comes to the potential of facing liability due to the use of their products, manufacturers will often err on the side of caution in order to reduce the possibility of facing litigation.
So how are you to know how dangerous the recalled product in your possession truly is? If it is a food or drug product, you can consult the U.S. Food and Drug Administration’s product recall classifications. These indicate the risk that recalled products pose. Their breakdown is as follows:
- Class I: The recalled product has been identified as defective and/or dangerous, and its continued use could result in serious health complications or even death
- Class II: The recalled product presents a risk of minor illness or injury whose effects are likely to be temporary (cases involving serious complications would be rare)
- Class III: The recalled product violates FDA labeling or manufacturing laws
Yet no matter what recall category the product you possess falls into, you should treat the matter seriously. Dispose or return it in accordance with the instructions that accompany the recall. See your doctor if you believe you (or a loved one) are experiencing adverse effects of its use. It should be noted that simply having a recall in place does not absolve a manufacturer of liability for any damages it causes.