Whether it is a common household good, food, an automobile, prescription medicine or other consumer products, individuals in Montana and elsewhere purchase these items under the impression that they are safe to use. Although manufacturers do not purposefully put a dangerous or defective product in the retail market, this could occur when errors occur in the design, manufacturing or retail process. In these cases, a recall is either issued by the manufacturer or the FDA.
What are the different types of product recalls by the FDA? A recall is considered an action taken to remove a product from the market, and depending on the risks the product could pose to the consumers, a recall could be one of three levels.
Types of Recalls
Class I Recall - this recall occurs when there is a reasonable probability that the use of the product or the exposure to the product will cause serious adverse health consequences or death. This is considered the most serious type of recall and is for products that could seriously harm or kill a consumer.
Class II Recall - for a Class II recall to occur, it must be determined that the use or exposure to the product may cause temporary or medically reversible adverse health consequences. This type of recall also occurs when the probability of serious adverse health consequences is remote.
Class III Recall - this type of recall occurs when the use of or exposure to a product is not likely to cause adverse health consequences. This type of recall is likely to occur when a product is not working properly or is defective. However, the defects of the product do not make them dangerous.
Market Withdrawal - in addition to these three levels of recalls, a market withdrawal could occur. This is when a product is found to have minor violations that would not be subject to FDA legal action. As a result, the manufacturer removes the product from the market or corrects the violations.
While a timely recall could prevent serious or fatal injuries from occurring, if a recall is not properly issued, consumers could be harmed. An injured consumer might have recourses in this situation. A products liability action could help the injured party recover compensation for losses and damages caused by a dangerous or defective product.
Contact Edwards & Culver Today
If you've been seriously injured by a product that falls into one of these types of recalls, then it is important for you to contact an experienced product liability attorney. These types of injury claims are complex and often involve several different parties.
Why Hire Our Firm?
- We have 100+ years of legal experience
- Recovered more than $140 million in the last decade
- A nationally recognized and award-winning legal team
- Offer 100% free case evaluations
Whether negotiating a settlement or taking your claim to trial, our attorneys are equipped to aggressively fight for your fair compensation. Give us a call at (406) 215-4735 or contact us online to arrange your free initial consultation.
