It seems like every day we read about another company announcing the recall of a mass-produced product, whether it happens to be a faulty General Motors or Toyota vehicle, tainted food products or a prescription drug gone bad. Concomitant with these announcements, the legal community perks up and dozens of class actions and personal injury cases get filed across the country. This race to the courthouse seems only slightly faster than the press conferences held by a bevy of congressmen demanding hearings to investigate claimed corporate neglect or the inadequacy of a federal agency to monitor our public health and safety. This predictable evolution captures the media’s attention and offers endless conversation on Sunday talk shows.
The legal issues that typically arise relate to what liability may be imposed on these product suppliers given applicable statutes of limitations, federal regulatory rules obligating government agencies to compel recalls, class action remedies and what common-law duties may be relied upon to seek civil redress. Surprisingly, many attorneys have very little understanding of the restrictive nature of accountability our judicial system currently ascribes when mass-produced products require corrective action. This article is intended to shed light on the rules of the road applicable to this complicated modern-day issue.
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