Affected by a Food Recall? You May Be Eligible for Compensation
A food recall can sound harmless but it is not, just like any other product recall the consequences can be dire. You hear of recalls so often you begin to ignore them but you should never ignore a product recall especially a food recall. There are two types of recalls, voluntary and mandatory recalls.
A voluntary recall is when the company initiates the recall of their own fruition. Meanwhile, a mandatory recall is when the government issues the recall because of the failure of the company to recall the product. Both types of recalls are mandatory. Let Thomas J. Henry examine your case today.
How Recalls Work
A company will first identify the potential for their product to pose a safety risk. They will then contact the corresponding government agency such as the Consumer Product Safety Commission (CPSC), Food & Drug Administration (FDA), or National Highway Traffic Safety Commission (NHTSC). The company will then publish a recall notice detailing the potential danger. They will also offer to repair, replace, or offer compensation for the product. The catch? If there was a personal injury caused by the product, you will not be compensated for injuries unless you file a claim with the assistance of a food recall attorney.
Who Pays for My Injuries
Issuing a food recall does not take liability or financial responsibility away from the company. The amount of liability can be reduced with the issuance of a food recall, however. If you continue usage of the product after the recall has been issued, the company can argue that you knowingly used a dangerous product, therefore, reducing your compensation. Don’t let this happen to you and contact a food recall attorney immediately.
Types of Food Recalls
Food recalls are very serious because these are products that are directly consumed by the public. Some common illnesses caused by recalled food include:
- E. coli
- Hepatitis A
- Listeria monocytogenes
These are the most common reasons a food item will be recalled and is by no means an exhaustive list. A food recall attorney can discuss other types of injuries and illnesses sustained due to a dangerous food item.
A food recall attorney must prove four criteria during a personal injury lawsuit. The first being duty. The manufacturer of the food item has a duty of care to the consumer including the design, research, construction, and quality of the product. Next is a breach, there must be proof that there was a breach in the duty of care.
There are various instances that can lead to a breach of the duty of care. Causation is the element in obtaining compensation. This is when it must be proven that the product caused you injury and that the product was the direct result of breached duty. Lastly, damages must be sustained as a direct result of the breach. Damages can include lost wages, medical expenses, loss of future wages, pain and suffering, and loss of quality of life.