American Bar Association
American Association for Justice
The Florida Bar 1950
Florida Justice Association

A Company is Not Heroic for Obeying a Recall

A judge in California recently ruled that lawsuits against Wal-Mart and other large retailers can move forward.

The lawyers for Wal-Mart made the argument that since they obeyed the recall and ordered replacements for the products that they were selling that the lawsuit was not necessary.

There are two problems with this argument. First, the products were toys that contained either high levels of lead or small, detachable magnets that could very easily be swallowed. And second, a recall is not an optional thing. If a company is ordered to recall certain items, there is no room for negotiation. Following a recall doesn’t make you a hero anymore than obeying the speed limit does.

The judge in this case made the right decision in allowing the lawsuits to proceed, and he also made the right decision in not letting the retailers in these cases refuse to pay for medical tests for the people who bought the products in question.

You would be surprised how often large corporations use the argument that something is “too costly,” and you would be even more surprised as to how often judges and juries accept that line of reasoning. Product liability cases are no laughing matter, whether they occur in California, New York, Miami or anywhere else.

If you or a loved one has been injured in Miami due to a product that is faulty, contact Miami injury attorneys Klemick and Gampel for a free legal consultation today.

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