Recaro Child Safety has announced a recall of nearly 175,000 car seats distributed and sold in the United States after finding that the top tether of the seat can come loose during a crash. This could result in the child being thrown from the seat during a collision, causing catastrophic or even fatal injuries to the child. At the time of the announced recall, no injuries were reported. Owners of car seats subjected to the recall will receive instructions and replacement materials necessary to fix the defect.
Basics of South Carolina Products Liability Law
When we go to the store to purchase a product, most of us do not consider the hidden dangers that that particular product can potentially present to us and our loved ones. For instance, we do not consider that a light bulb might be potentially dangerous and explode unexpectedly when we turn on the light. Similarly, most parents would not look at a car seat and think of a tether coming loose during a crash and their child being injured.
But some products being sold on the market today do contain hidden dangers. When a manufacturer becomes aware of a potential defect, they may attempt to voluntarily recall that product to remove it from the stream of commerce. If a government agency has determined that a dangerous defect does exist in the product, then an involuntary recall may be issued and the product removed from store shelves whether the manufacturer agrees to it or not.
A recall does not need to be announced in order for a person injured by a dangerous product to recover compensation. Instead, the plaintiff must show that a dangerous product contained a defect, that the defect could have been corrected by the manufacturer if the manufacturer had acted reasonably, and that the plaintiff was injured by the defect. Defects may occur:
- In the design process (i.e., the manner in which the product was designed makes the product inherently dangerous. In other words, if the product is dangerous when it is produced according to the manufacturer’s instructions, it has a design defect);
- In the manufacturing process (i.e., the product itself may be safe but this one particular product is defective because it was not manufactured according to the manufacturer’s instructions); or
- In the labeling process (i.e., the product does not contain appropriate warnings alerting the average consumer as to the dangers the product presents).
Products Liability Cases Involve Significant Time and Resources
Most successful products liability cases succeed because of expert testimony presented at trial. The expert testimony is necessary to show that the manufacturer should have known about alternative actions it could have taken in order to correct what should have been an easily-identifiable defect.
South Carolina personal injury attorney David R. Price, Jr. represents clients throughout the state who have been injured by dangerous or defective products. If you have been injured by a product purchased in South Carolina or used within the state, contact his office for assistance. The office of David R. Price, Jr., P.A. can be reached at (864) 271-2636 or they can be reached online.