How do consumer product recalls work?

Consumer product recalls may be initiated by the company who manufactured the defective product, or a federal agency called the Consumer Product Safety Commission (CPSC). The CPSC has the regulatory authority to recall a dangerous or defective consumer product if the product poses a substantial risk of injury or death to the consumer. The CPSC works with companies to announce product recalls. The CPSC also had the authority to pursue legal action if companies fail to comply with regulatory rules and mandatory recalls initiated by the CPSC.

Examples of Product Recalls

The CPSC recalls hundreds of consumer products every year because of a safety hazard. Some examples of recent product recalls falling under the jurisdiction of the CPSC are:

• Pressure Cookers manufactured by various companies,
• Fisher-Price Rock N’ Play Sleepers,
• Viessmann Boilers,
• Tekno Smokeless grills,
• Bodhum Expresso maker, and
• Target wooden toy vehicles.

Recalls from Various Industries

The CPSC does not have the authority to recall every item that people can purchase. Other agencies regulate automobiles, prescription drugs, and food items. Each agency specializes in the products that fall within its jurisdiction and have similar recall authority as the CPSC. Other federal agencies with call authority are:

• NHTSA for motor vehicles,
• EPA for herbicides and other products affecting the environment,
• FDA for prescription drugs, over-the-counter drugs, makeup, and food, and
• USDA for food that is grown or produced by animals.

How do you know if you have a claim?

Anytime a person suffers an injury caused by a consumer product, the potential for a legal claim exists. However, the claimant must show that the recalled product had a defective design, was manufactured in a defective manner, or breached a warranty that came with the product or is imposed by operation of law. Additional laws like consumer protection laws might apply to your claim as well. Therefore, it is essential to the success of your claim to call Attorney Tuchin as soon as possible after you were hurt to discuss your legal options.

How to calculate damages caused by defective products

The damage award you could win depends on the facts and circumstances of your particular case. It is essential to understand that your claim is different from every other. Just like every person is a unique individual, so too are product recall claims. Every case that comes to Attorney Turchin is unique in its own way because no two victims have precisely the same injury or suffered the same adverse effects on his or her life. That is why Attorney Turchin focuses on maximizing the recovery on your claim, and by doing so, Attorney Turchin’s clients should know that they received the maximum settlement available to them.

Notwithstanding, damage awards fall into general categories. Not every claim may qualify for all of the damages. The circumstances of your case will dictate all of the possible damage awards that apply.

Damages commonly awarded in product recall liability claims are:

• Medical expenses related to the injury,
• Future medical expenses for anticipated medical needs,
• Lost wages,
• Deprivation of future economic advantages,
• Pain and Suffering,
• Scarring,
• Amputation,
• Wrongful death,
• Survival actions,
• Loss of consortium, friendship, or society,
• Punitive damages, and
• Double or triple damages.

Who will pay for your damages?

Under most states’ laws, any business that held some part in the distribution chain of the recalled product can be liable for damages. Therefore, the product maker, the product distributor, and the retail chain, for example, may be responsible for paying you all or a portion of your damage award.

Limitations on Filing a Claim

Each state in the U.S. has a statute of limitations on injury cases. Some states might impose a statute of limitations that lasts only two years. However, the statute of limitations might be longer in other jurisdictions for personal injury claims. In some product recall claims, the claimant can argue that the product breached a warranty and that breach led to an injury. In those cases, the statute of limitations might be longer for the breach of warranty claim only. Additionally, laws like consumer protection violations could require advanced notice to the responsible parties within strict time constraints. Once again, the mechanism of the relevant statute of limitations is a matter of state law, which can be very complicated.

The Law Offices of Jason Turchin understands the urgency to make sure that you and your family are in the strongest legal posture possible. Therefore, Attorney Turchin and his expert staff will ensure that you do not miss out on any causes of action because of the statute of limitations. Contacting the Law Offices of Jason Turchin as soon as possible after you have sustained an injury will help preserve all of your rights.

Current Litigation: Tristar Electric Pressure Cooker Products Liability Case

Attorney Turchin represents numerous clients who suffered severe injuries such as burns and scarring after a defective Tristar electric pressure cooker sprayed boiling liquid on to them. The Tristar electric pressure cooker has an allegedly faulty mechanism that allows boiling cooking liquid and steam to escape from the electric pressure cooker at high pressure when users try to remove the lid. The boiling liquid and steam cause scalding burns to a victim’s head, face, eyes, neck, chest, arms, and torso.

As a result of representing several burn victims, Attorney Turchin is leading a highly complex court case that is now pending in the United States District Court in New Jersey against Tristar known as a Multi-District Litigation case, or MDL.  In an MDL case, the judge presiding over the cases ordered the claims to be consolidated into one larger case because of the similarity of legal issues and factual issues. To known as a consolidated mass tort case.  In a consolidated mass tort case like this, the judge presiding over the cases ordered the claims to be consolidated into one larger case because of the similarity of legal issues and factual issues.

Consolidation of the cases will ensure easier administration of the claims and will promote uniformity of the legal rulings made by the judge.  In consolidated cases, every claimant remains an individual so that he or she can argue the damage component of the case. Consolidated claims are in stark contrast to class action suits in this regard. Class action suits, while appropriate in some product recall cases, treat every individual claimant as an equal and all participants receive the same amount of damages.

Attorney Turchin has amicably resolved several claims on behalf of his clients who suffered burns from pressure cookers. Additionally, he represents many people who have product liability cases pending in Florida courts. Despite all of the attention pressure cooker burns have received, companies continue to market these dangerous products.

What you will get when you become a client of the Law Offices of Jason Turchin

Many people harbor the belief that you get what you pay for. At the Law Offices of Jason Turchin, we strive to provide the best product liability lawyer services we could based on your circumstances. Attorney Turchin never charges a fee for consulting with his firm to learn about your rights and whether you have a viable product recall injury claim. If he takes your case, he does so without asking for any money out of your pocket, and you do not owe him any fee unless your claim is successfully resolved.

Taking product recall injury cases on a contingency fee basis allows you to access to expert legal advice and decades of legal expertise without having to pay tens or even hundreds of thousands of dollars in legal fees. Additionally, the Law Offices of Jason Turchin may advance costs of the litigation as well as fees for expert witnesses such as doctors, mechanical engineers, chemical engineers, economists, or actuaries, to name a few. The Law Offices of Jason Turchin will recover those costs out of your settlement or judgment. The money never comes out of your pocket.

Products liability cases are very complicated legal matters, and clients can raise questions on a moment’s notice. Attorney Turchin understands how frustrated his clients can get when it seems to them like justice is moving slowly or they cannot get their questions answered promptly. Attorney Turchin does not want his clients to feel that level of frustration. Therefore, Attorney Turchin and his staff make sure that they respond to all questions posed by the firm’s clients timely, take the time to thoroughly explain court events, the significance of the court events, and what Attorney Turchin expects to happen in court.

Most importantly, Attorney Turchin will take the time to make sure each client receives the personal attention he or she should receive. Clients are more than numbers to Attorney Turchin. He places great emphasis on building trust by fostering open communication between lawyer and client.

Contact the Law Offices of Jason Turchin and Initiate your Product Recall Damage Claim

Call the Law Offices of Jason Turchin today at (800) 510-0750 to schedule your consultation. You can also visit the firm’s main website VictimAid.com and complete the online questionnaire if you prefer. Please recall that time you have to file a claim and protect all of your valuable rights is limited so you must act immediately to make sure you preserve your rights.