How Product Recalls Affect Product Liability Cases
Product recalls are reported by news sources to inform the public of the potential danger a product may cause. Usually the product manufacturer initially becomes aware of the defect or problem and then issues a voluntary recall. However, in some cases, government agencies such as the Food and Drug Administration or the Consumer Product Safety Commission come across the defect and inform the manufacturer of its findings. Although a recall does not hold a manufacturer strictly liable in a products liability lawsuit, it can sometimes be used as evidence to help establish that the product was defective.
McCormick Issues Recall on Ground Oregano
Dried herbs provide flavor to home cooked meals and eliminate the need to keep fresh herbs on hand. However, the popular spice manufacturer McCormick & Company recently issued a voluntary recall on their ground oregano due a possible salmonella contamination.
Salmonella is a type of food-borne illness that causes 19,000 hospitalizations and 380 deaths each year, according to the Centers for Disease Control and Prevention. Salmonella can be especially dangerous to children, the elderly, and those with weakened immune systems.
Although there are currently no reports of Salmonella outbreaks due to McCormick's Ground Oregano, the recall affects over 1,032 cases that have been shipped nationwide to several states, including Wisconsin. The risk for causing Salmonella was discovered by the Federal and Drug Administration during routine testing. McCormick & Company urges consumers who have purchased this product to dispose of it right away and to contact the company for a full refund.
Elements of a Product Liability Case
In recent years, Wisconsin has made changes to its products liability law in the Wisconsin Act 2 (The Act), which became effective on February 1, 2011. A defective product may be subject to a strict products liability case when the following requirements are met:
- The product was defective because the omission of a safer design or necessary warning made the product unreasonably dangerous to consumers;
- The product was defective when it left the seller's control;
- The victim received the product in the same condition as it was sold in; and
- The defect was the cause of the injuries.
Seek the Help of a Products Liability Lawyer
If you believe you were injured by a defective product in the Wisconsin area, contact one of our experienced Green Bay products liability lawyers or Appleton products liability lawyers at Herrling Clark Law Firm Ltd. to discuss your case. Our offices are located in Appleton, New London, Green Bay and Oshkosh. We will passionately represent your legal interests and help you receive the compensation you deserve for your injuries.