Microsoft Power Cord Recall Lawyers

A product recall is a request by a manufacturer to have the product pulled from the retail outlets or returned to the manufacturer by consumers for some kind of refund. The manufacturer can also offer some product exchange. The product recall is considered a voluntary recall, not one requested by a government agency.

What Is the Microsoft Power Cord Recall?

In January 2016, the Microsoft company voluntarily recalled specific power cords because of concerns related to overheating. Overheating of the power cords could create a fire hazard. This is a worldwide voluntary recall, so it is available to consumers who bought the power cord anywhere in the world. Owners of the power cord can get a free replacement by following the instructions on the Microsoft website.

Which Power Cords Are Being Recalled?

Currently, the Microsoft products subject to the recall include:

• Original Surface Pro;
• Surface Pro 2;
• Surface Pro 3.

The AC power cord, which is the removable cord that connects the power supply to an electrical outlet, is the one that needs replacement. The power supply unit is not part of the recall and replacement offer.

The recall applies only to products sold before March 15, 2015.

Is Surface Pro 4 Part of the Recall?

The Surface Pro 4 power cord is not part of the recall. The recall only affects the products listed above and only the versions sold before March 15, 2015.

Why Are the Power Cords Being Recalled?

A design flaw, or defect, causes the power cord to overheat. No reports of injuries or fire damage have been received. A design defect is a flaw in a product that originated in the design phase of the item’s production. The flaw makes the product unusable because it is potentially hazardous. Overheating the product could cause a fire resulting in injury and property damage.

What Is Microsoft Doing to Remedy the Problem?

Besides the recall, the company offers to provide affected customers with new power cords that are not defective.

What If I Was Injured By the Power Cord?

If someone is injured or suffers property damage because of the defective Microsoft power cord or any other defective product, they can sue the manufacturer and other distributors for damages. This is known as a strict liability product lawsuit.

What Is a Defective Product Lawsuit?

A defective product lawsuit is a legal claim for compensation for injury and damage to property caused by a defective product. In most states, any manufacturer, wholesaler, or retailer who sells an unreasonably dangerous, defective product is strictly liable to a consumer who suffers harm caused by the product. This means that the manufacturer or distributor of the product must compensate the consumer for any harm they suffered. The consumer is not required to prove any negligence on the part of the manufacturer or distributor of the product.

To prevail with a strict product liability claim, the consumer who is harmed must prove that an inherent defect in a product caused them harm. Specifically, they must prove that the product was inherently defective and caused the consumer injury or property damage.

The are several ways in which a product might be defective, as follows:

• Design Defects: A design defect arises during the design phase of product development. The product is designed in a way that results in a defective product;
• Manufacturing Defects: A manufacturing defect arises during the production phase of a product. Something happens during the production process that results in an otherwise acceptable product having a defect;
• Marketing or Labeling Defects:
  • Failure to Warn: This is a common marketing defect. A potentially hazardous product enters the market without the appropriate warning labels. Appropriate labels must inform customers of the dangers of using the product and any precautions that can be taken to avoid hazards. For example, pharmaceuticals should include warnings about their potential side effects and medication interactions. Without this information, consumers can suffer injuries, and some might even be fatal;
  • Inadequate Use Directions: Consumers must be provided with complete instructions on using a product safely and appropriately. Some items can be hazardous if used incorrectly. A manufacturer or retailer can be held liable for injury or damage if they failed to provide proper directions regarding how to use their product;
  • Misleading Advertisements: A company can also be held liable for injury caused by their product if their advertisements do not accurately reflect the use that can be made of a product and any potential dangers.

The injured person can recover compensatory damages of two types, economic and non-economic damages. Economic damages are referred to as “special damages” in some states. They are intended to compensate for financial losses or property damage resulting from a defective product. Bills for the injured person’s medical treatment and lost income are examples of economic damages.

Medical bills include all treatment, including the cost of future treatment, if the injured party can prove they would need continuing care. Of course, hospital bills, doctor’s bills, and the costs of prescriptions and physical therapy are all covered by compensation for medical bills.

Damages for lost wages are meant to account for salary or wages the consumer was not paid because they missed time at work. People who earn a living by running a business may be able to recover damages to compensate them for their lost profits. As with medical bills, if the person has not recovered completely by the time of settlement or trial, they can recover future damages related to lost wages or profits.

Non-economic damages compensate for losses that are not easily quantified. For example, they cover such items as:

• The injury itself:
• Any permanent disability or physical disfigurement that results from the injury;
• Pain and suffering;
• Loss of the companionship or consortium of a spouse;
• Loss of the “enjoyment of life.”

Non-economic damages are subjective items that may be very different in the experience of different people. Because it can be challenging for a jury to calculate the right amount for an award of non-economic damages, they are often subject to strict guidelines on how the amount should be determined.

Should I Contact a Lawyer?

If you were injured or suffered property damage because of the defective Microsoft power cord, you want to consult an experienced defective products attorney in your area.

Your attorney can analyze the facts of your case and determine whether the defect announced by Microsoft may have caused your injuries. Your attorney can also help you calculate the amount of economic damages you may have suffered. Then you can decide whether it is worthwhile to file a claim for damages against Microsoft and the product distributors that may have injured you.

Defective products can be dangerous and can result in serious injury to consumers. If you or a loved one were injured by a product such as a power cord, you may be entitled to legal recourse.

Personal injury and recall laws may be subject to change, and will vary from state to state. A personal injury lawyer near you will be able to explain the laws of your state, and can keep you informed of any changes that might affect your legal rights and options.