Product Recalls and Personal Injury

product_Recall_BANNERSustaining injuries from a defective product is an all too common occurrence in today’s marketplace. It is the manufacturer’s job to create safe, sustainable items, and when they fail, people can become hurt. Often these accidents occur because the design was inherently flawed, the product was not tested enough, or it was not put together correctly. All of these are avoidable mistakes and they all involve different types of cases. Below is a list of some of the product injury case types so that you may have a better grasp on how the legal system handles breaches in the commercial code.

Types of Personal Injury Cases

Product Liability

The first type is called strict product liability. This covers cases where the item that was sold was defective. The company sent out a product it thought was safe but was not. There are three types of defects that go into these cases:
• Manufacturing defects – the mistake is limited to the single product sold.
• Design defect – the device is inherently flawed, meaning every single item must be recalled.
• Insufficient warning labels – the manufacturer does not properly warn the consumer of the danger of the item. This can be especially dangerous if the harmful part of the device is not obvious to the consumer.

Improper labeling is the most common product recall claim. These lawsuits allow a plaintiff to gain a larger range of damages because it is not tied to strict concrete damages.


The second type of product recall lawsuit is a negligence case. In these cases the prosecution must show that the defendant did not put the proper care into analyzing its product. The company put something out it did not test sufficiently well enough to know if it was dangerous. Moreover, it must be proven that the cause of the plaintiff’s injuries resulted from that negligence. Since it is assumed by customers that all products are safe, this type of case is especially harmful to the credibility of a company.

Breach of Warranty

There are multiple types of warranty breach cases, but essentially, the company promised their product would perform in a specific way, but failed to do so. For example, a piece of technology stops working shortly after purchase or items that turn out to be “lemons”.


In fraud cases, the prosecution must show that there was a certain representation of the product that turned out to be untrue. Moreover, it must be proven that the company knew these statements were deceptive and intentionally misled the public. If this can be proven, the payout can be rather large. Products and services from all categories can qualify for fraud cases. For example, many fraud cases have been tried against tobacco companies for misleading consumers as to the health ramifications of cigarettes.

In summation, these different cases can be brought against companies who harm their customers with improperly designed or put together items. This can range from a dangerous can opener to food that cannot be properly consumed. It is important for customers to be able to shop without fear of being harmed by a defective product.

If you have been injured by a product that you purchased, consult with an experienced personal injury law firm. Villani & DeLuca, a NJ-based legal practice, will fight for you and make sure that you receive the settlement that you deserve. Contact us at 888-389-9533 today.