Why a Recall Notice Matters If You Were Hurt — and What It Does Not Decide
Product liability is the body of law that lets a person hurt by a product seek damages from the manufacturer, distributor or seller if the product had a defect that caused the injury. The defect is usually described in one of three ways. A design defect is a flaw in how the product was conceived. A manufacturing defect is a flaw introduced during production. A failure to warn is the absence of adequate instructions or warnings about a known risk.
The CPSC uses its own definition for reporting purposes, and it is broad enough to reach more than the battery cells. Under 16 C.F.R. § 1115.4, "a defect is a fault, flaw, or irregularity that causes weakness, failure, or inadequacy in form or function," and it "can also occur in a product's contents, construction, finish, packaging, warnings, and/or instructions." For an injured person, that means the labels, warnings and charging instructions that came with a board can be part of the picture too. Separately, 15 U.S.C. § 2064(b) requires a manufacturer, distributor or retailer that obtains information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, or creates an unreasonable risk of serious injury or death, to "immediately inform the Commission," unless it knows the Commission has already been adequately informed.
A recall notice is evidence that a hazard was identified for a product; it is not a court finding and not an admission by the company. The questions that remain are whether this unit was one of the recalled ones, whether it was the source of the fire, whether a defect caused the harm, and what damages the law allows. A claim generally turns on whether the facts show a defect and causation, and whether that is met depends on the evidence.
State law decides much of this. Limitation periods, fault rules, damages rules and wrongful-death rules differ from state to state. A statute of limitations is the period within which a lawsuit must be filed; its length, when it starts to run and its exceptions are set by each state's statute and can differ by the type of claim. A conversation with our attorney can cover how a particular recall record fits what happened and which state's law may apply.