Why Does It Take an Injury or Death for a Product to be Recalled?Hundreds of products are recalled each year because they’ve caused severe injuries or death, but how do these products make it onto the shelves in the first place? And, why aren’t they recalled right away following an accident that caused irreparable harm to the consumer?

FDA-regulated products—be they dangerous medical devices, children’s toys or vehicle parts—must go through a variety of testing before they’re sold commercially. When a defect is discovered, the manufacturing company is expected to investigate and voluntarily recall the product. However, some dangerous products are sold long after injuries and fatalities have been reported, which often ends in a product liability lawsuit.

Product recalls are supposed to begin as follows:

  • The manufacturer learns of a defect or problem with the product and notifies the FDA.
  • The FDA investigates the problem, inspects the facility where the product is made and determines whether a recall is necessary.
  • Injury and health reports are sent to the FDA.
  • The CDC (Centers for Disease Control and Prevention) reaches out to the FDA about the product.

When it comes to food recalls, these steps are done quickly, but some products require multiple instances of harm before any action is taken. Unfortunately, children’s toys are among the products that are recalled far too late. The “Kids in Danger” (KID) nonprofit organization issued a report using 2016 statistics from the U.S. Consumer Safety Product Commission and came to the shocking realization that many companies who manufacture toys and other products for kids are waiting longer than usual to issue recalls. In 2016, 394 children were wounded and seven killed due to dangerous and defective products.

If you or a loved one has been injured by a dangerous or defective product, please contact our lawyers at the Jensen Phelan Law Firm, P.C. in Prescott Valley today by calling (927) 227-1116. We serve clients in Northern Arizona including Prescott and Cottonwood.