A product recall is a request by a manufacturer to have a certain product removed from the sale shelves and returned to them, usually for a refund or an exchange for a similar product. Examples of products which may be recalled or have been recalled in the past include strollers and Segways.
A product may be recalled when the manufacturer believes that it poses a health or safety risk to consumers. By recalling a product, a manufacturer is trying to avoid any violations of product safety laws while also decreasing the possibility of any potential legal action for products liability injuries.
When Are Product Recalls Issued?
The majority of recalled products are called back due to some type of defect. This may be any product which is unreasonably dangerous when it is used for its intended purpose and without alteration or interference.
Products may be recalled because of:
- Manufacturing defects: A product was manufactured or produced in a way which caused it to be dangerous, for example, if a part was not installed correctly on the assembly line;
- Design defects: A danger or safety risk with the design of the product, for example, a child’s toy which was designed with a dangerously sharp edge; and
- Warning label defects: A product’s warning label is considered to be defective when it is missing, too small to read, misleading, or uses vague language.
What Types of Products Are Commonly Recalled?
There are certain categories of consumer products which are subject to frequent recalls. This includes products which pose a higher risk of potential injury although any product may be subject to a recall at any time.
There are several categories of products which are commonly recalled, including:
- Food and drugs;
- Vehicles and related parts and products;
- Cosmetics, shampoos, soaps, and skin products;
- Children’s products and toys;
- Tools, hardware, and electronics; and
- Furnaces with carbon monoxide leaks.
As previously noted, a product is generally recalled when it is defective in some way. In addition, a manufacturer may issue a recall in order to reduce their liability.
Product liability arises when a manufacturer, retailer, or seller of a product is held liable for allowing that defective product to reach consumers. This applies regardless of the negligence of the consumer, or their contribution to how they may have been injured by the dangerous product.
The laws governing product liability will determine what party is to be held responsible for a defective or dangerous product. For example, a product manufacturer may be held liable for placing a defective product into the stream of commerce.
It is important to note, however, any party that is involved in the distribution chain of the product may be found liable under the theory of product liability. The state laws governing product liability claims can vary.
Every state, however, has commercial statutes which are modeled after the Uniform Commercial Code (UCC). The UCC contains warranty rules that affect product liability.
What Should I Do if I Was Injured by a Product Before it was Recalled?
Product recalls may greatly reduce the liability of manufacturers, especially if the consumer knowingly continues to use the product which has been recalled because it is dangerous. This means that, in these instances, the potential for the injured consumer to recover damages may be considerably limited.
It is, however, still possible in some cases to recover damages even after a product is recalled. If an individual has been injured by a product which has not yet been recalled, they should file a report with the manufacturer and inquire regarding compensation.
If a case is serious enough, the individual may be required to file a lawsuit against the manufacturer for damages. Another option for an individual to receive compensation may be to join a class action lawsuit.
Class action lawsuits are common for product recalls, so it may be helpful to examine them in greater detail. Class action lawsuits are brought by one or more individuals on behalf of a group of individuals who are in a similar situation.
In order to bring a class action lawsuit, each individual involved must share similar legal issues. In addition, there must be a large enough number of individuals who are affected by the issue such that it would not make sense to file separate lawsuits.
To begin the class action lawsuit process, an individual or group of individuals will bring a putative class action lawsuit against a defendant. A court will then determine whether the lawsuit should be certified as a class action.
If this occurs, the original group will represent the whole class action group and the claim will proceed as a class action lawsuit. If a court refuses to certify the class, it is usually because they do not believe the class is complete.
This means that the court thinks there may be more potential plaintiffs to join the class, which would serve to strengthen the case. It is common for class action settlements to occur.
In general, the two parties to the case, the plaintiff and defendant, will negotiate a settlement and present it to the court. If the settlement is approved by the court, the members of the lawsuit can opt out of the settlement.
In addition, any member of the class may object to the settlement with the court. The court will consider the injuries suffered by the plaintiffs and the size of the class and determine if the settlement is fair.
If the settlement is low and the class is large, each member will receive a small portion. If this occurs, depending upon the nature of the injury, a court may require a larger settlement so that each class member is eligible to receive a more fair portion.
What is a Fitbit Force?
Fitbit Force was a product made by Fitbit, Inc. The Fitbit Force is an activity tracker which was designed to be worn on the wrist. The activity tracker was designed to record the wearer’s activity, which includes the number of steps they walk and the quality of their sleep.
Has the Fitbit Force been Recalled?
Yes, the Fitbit Force was recalled by Fitbit, Inc. due to the risk of:
- Rashes;
- Burns; and
- Skin irritation.
- What is Failure to Warn?
Failure to warn is one legal theory related to defective products. Manufacturers are required to make their products reasonably safe for their intended purposes.
Manufacturers also have a duty to warn consumers regarding any inherent dangers which cannot be eliminated without causing the product to be inadequate. If a consumer had an allergic reaction to the Fitbit Force, they may claim that the company failed to warn about the skin irritation risks.
Are Customers Suing Fitbit for Any Other Reason?
Yes, consumers also sued Fitbit for other reasons in addition to those discussed above. Consumers are also suing under the legal theory of negligent misrepresentation.
Negligent misrepresentation means the manufacturer made a false statement of fact to trick an individual into buying a product. The negligent misrepresentation lawsuits also claim:
- Intentional misrepresentation;
- Unfair competition;
- False advertising; and
- Intentional misrepresentation.
Has a Class Action Lawsuit Been Filed against Fitbit, Inc.?
Yes, a class action lawsuit was filed in 2014 against Fitbit based on the Fitbit Force being defective. The lawsuit alleged that Fitbit failed to warn consumers regarding the potential health consequences that were caused by the Force, including a risk of skin irritations, rashes, and burns.
Do I Need a Lawyer to File a Claim Against Fitbit Force?
If you believe you have been injured by a Fitbit Force or other activity tracker, it may be in your best interest to consult with a liability lawyer. Your lawyer will advise you regarding your legal rights related to your injuries and if you are eligible to join a class action lawsuit.
