Although a product recall is never a guarantee, there are many ways in which a product liability claim can lead to a recall. Some legal claims can also cause a product to be recalled by catching the attention of government agencies that regulate the sale of such products. For example, a product liability lawsuit filed against a drug company might catch the attention of the FDA (Food and Drug Administration), which could then issue a ban on the sale of the drug in the United States.
In product liability cases where the danger is proven to be great enough, a judge can order a company to recall a product. Most recalls ordered by judges have been for defects in the design of a product, rather than a few products exhibiting a single manufacturing defect. If the manufacturing defect is fatal, a judge-mandated temporary recall is much more likely. Recall by command of a judge is rare, however, and most recalls are issued voluntarily.
There are a lot of different things companies consider when deciding whether or not to do a recall. Large companies who care a great deal about maintaining consumer trust are likely to do a recall at the first sign of danger, especially if it might result in bad press. All companies will take into account the cost and likelihood of future lawsuits. If the company is forced to pay you a large sum for damages, then they are more likely to take positive steps to prevent any similar lawsuits from reoccurring.
Even if your case does not trigger a recall, it will still likely result in improvements to product safety. According to a recent study of manufacturers involved in legal claims, those who were targeted by a product liability lawsuit improved the safety of their products after the case was settled 80 percent of the time. Too often, companies either knowingly or unknowingly manufacture and sell defective products to consumers. Residents of Denver, Colorado Springs and all of Colorado have the opportunity to force corporations to stop making products that hurt their customers. Contact our Colorado product liability lawyers to find out if you have a case.