Dangerous Product Recalls Soaring in 2023
During the first quarter of 2023, product recalls surged over 14% to a four-year high. “‘As the number of recall events increases across industries, the risk to manufacturers grows more serious with increased regulatory enforcement and a more publicized recall process,’” said Chris Harvey, the Sedgwick senior vice president of brand protection.
He continued: “‘Regulators are working to prioritize product safety while balancing innovation with oversight — meaning manufacturers can expect to contend with new rules and regulations. Businesses will need to remain agile to keep pace with these changes and prepare for future ones.’”
Getting into Court for a Defective Product
Statute of limitations and a failure to state a proper claim are two of the most common procedural obstacles in product liability matters. The toxins in many drugs and other products often cause diseases (e.g., cancer) that can remain hidden for decades.
Usually, the injury statute of limitations in Maryland is only two years. Therefore, by the time victims of a defective product know they have an illness, the statute of limitations, which ends a survivor’s right to obtain compensation, has long ended.
However, the discovery rule protects survivors in these situations. Assume John Doe worked in construction in the 1970s and inhaled asbestos fibers. Typically, mesothelioma, asbestosis, and other asbestos-exposure-related conditions remain hidden for at least fifty years.
The discovery rule is like a snooze bar on the statute of limitations alarm clock. Survivors need not file claims until they know the full extent of their damages and connect those damages with a wrongful actor’s misconduct. But corporations also have protections and ways to fight against the discovery rule.
In law, the Federal Rules of Civil Procedure Rule 12(b)(6) states that, even if a Baltimore personal injury attorney’s allegations are true, they do not support the claim for relief. While this rule might seem limiting for victims and their legal representation, an experienced Baltimore City personal injury lawyer is able to fight back using the methods outlined below.
If you or a loved one has been severely harmed by a defective product, you may have a case. Contact the experienced defective product attorneys at The Yost Legal Group today for a free and confidential consultation: 1-800-YOST LAW.
Proving a Case
Failure to warn, a negligence claim, is one of the most common defective product claims in the United States. Generally, companies have a duty to properly warn customers about known product defects or side effects. Companies often bury such information so that knowledge does not adversely affect sales. If a failure to warn caused damages, the survivor is entitled to compensation.
Plaintiffs must prove all these elements by a preponderance of the evidence (i.e., more likely than not).
Other dangerous product claims include manufacturing or design defects and public nuisance. Companies are strictly liable for the injuries their defective products cause. Public nuisance, a claim that has a lot of moving parts, is basically a hybrid between a strict liability product defect claim and a negligent failure to warn claim.
All three kinds of claims usually settle out of court. If informal settlement negotiations break down, and they often do, judges usually appoint mediators to get things going again.
A mediator ensures that both sides negotiate in good faith. Basically, that means each side must honestly want to settle the case during mediation and not go through the motions and wait for trial. Mostly because of the good faith negotiation duty, mediation is about 90% successful.
Experienced Baltimore City Personal Injury Lawyers
The Yost Legal Group has been serving the people of Baltimore City, Maryland, and the United States for 35 years and counting. Our team of personal injury lawyers are compassionate, experienced, and ready to help.
If you or a loved one has been severely harmed by a defective product or toxic exposure as a result of negligence, you may have a case. For a free consultation with an experienced Baltimore City personal injury lawyer, contact the Yost Legal Group: 1-800-967-8529.