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November 16, 2020. Category: Product Liability

How Do Recalls Influence a Product Defect Lawsuit?

Get Help From a Tampa Medical Device Attorney 

If you’ve been injured due to a defective product, then Florida law may entitle you to sue and recover significant damages.  Bringing a product defect lawsuit can be quite a challenge, however, as manufacturers tend to have significant resources at their disposal — this is especially true with respect to medical device manufacturers.

Manufacturers may also be relatively hostile and willing to fight tooth-and-nail to defend against the lawsuit as opposed to settling the case early.  As such, you’ll want to look for every advantage that you can get.

Product Liability — Fundamentals

In Florida, if a product is defectively designed or manufactured in such a way that it is unreasonably dangerous (or is inherently dangerous and the manufacturer fails to warn the user of such risks), then the injured plaintiff can sue under a theory of strict product liability.

To successfully win a product defect lawsuit, the plaintiff does not have to prove that the manufacturer was negligent in developing and distributing the product.  The plaintiff need only show that the product was unreasonably dangerous for its expected uses and that the defect caused their injuries.

Determining whether a product is “defective” — in other words, unreasonably dangerous for its expected uses — is a difficult analysis that depends on a number of different circumstantial factors.  Among these factors is whether the product was recalled.

Product Recalls — Basics and Influence

If a manufacturer decides to recall their product — whether due to an order issued by a government agency (mandatory product recall) or simply out of their own volition (voluntary product recall) — then to some degree, one can argue that the recall constitutes an admission that the product is actually defective.

In truth, however, in Florida courts, a product recall does not serve as proof of liability in absolute terms.  Instead, a product recall can be introduced as part of the evidence to support the argument that the product is defective — it is not sufficient to establish that the product is defective, however.  You’ll still have to introduce other relevant evidence (such as expert testimony) to prove that the product is defective.

Contact Tampa Medical Device Attorney for Legal Assistance

Here at Alley, Clark & Greiwe, our team has many decades of experience working on behalf of those who have been injured in litigation — including defective product plaintiffs whose injuries stem from medical device issues.

Over the years, we have represented thousands of clients throughout the state of Florida, helping them secure the damages they’re owed through both negotiated settlements and trial litigation.  As a firm, we are committed to maintaining a “trial ready” posture — as such, we are well-prepared to push for an early and favorable settlement in many cases.

If you’d like to speak to an experienced Tampa medical device attorney at Alley, Clark & Greiwe, call us at 800-840-0977 or contact us online to arrange a free initial consultation.  We look forward to speaking with you.

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