In the city of San Luis Obispo, a product recall may be issued due to negligence if the manufacturer was careless in design, production or testing of their product. When a person, or multiple people, are injured due to a product, the manufacturer may choose to recall that product to prevent further injury.
In the state of California, a person injured by a product only needs to prove that they were injured. There is no requirement of proof that the manufacturer was negligent in order to win a lawsuit. In some cases, however, negligence in the design, production or testing of a product is obvious and the manufacturer can be held legally liable for any injuries their product has caused.
It is the duty of a manufacturer to not only design and produce a product that is safe, but to test that product before its release to ensure that it functions as intended during the design process. When a manufacturer fails to take steps to protect consumers from injury caused by their product, they can be forced by a court to pay for the medical bills, lost wages and more of the people that were injured.
If you have been hurt by a product that was ultimately recalled due to design or safety defects, you may have the elements necessary for a successful lawsuit. Contact an attorney experienced in product liability law to determine your next steps.