The United States federal agency known as the Consumer Product Safety Commission studies the safety of products that are marketed for use in the U.S. According to the agency, property damage, injuries, and deaths related to hazardous or defective consumer products cost Americans hundreds of billions of dollars each year. When a product is reported to be potentially hazardous, the CPSC will perform an investigation to determine if the product should be removed from the market by a recall. Although the CPSC has the power to enact mandatory recalls by seeking an order in federal court, the vast majority of product recalls are made voluntarily by the manufacturer. The CPSC website discusses a recently enacted voluntary recall of a childrens’ bicycle for brake-related issues.
According to the CPSC website, federal regulations require childrens’ bicycles with seat heights below 25 inches to have foot brakes on the pedals to allow children to operate the bicycle and stop safely. The recalled bicycles, manufactured by the Commencal company, only have hand brakes and are therefore not marketable in the U.S. The Commencal Ramones brand bicycles at issue were manufactured in the European country of Andorra between 2015 and 2021 and were marketed worldwide. Although the braking configurations may be acceptable in other countries, the bicycles can no longer be marketed and sold in the U.S. without modifications. According to the recall notice from the CPSC website, consumers who have purchased one of the recalled bicycles should contact the manufacturer for a free repair kit that will get the recalled bicycles into compliance with U.S. regulations once installed.
Do Companies Have a Duty to Create Safe Products?
Yes, companies that market consumer products for use in the U.S. have a duty to ensure that the product is safe for American consumers. Companies are responsible for adequately warning consumers of certain risks and dangers to their products. Some dangers or risks are too serious for a product to be marketed, and companies must work to remove or repair such products to ensure consumer safety. If a company knows of a certain hazard but fails to adequately warn consumers of the hazard and offers to repair, replace, or refund the purchase cost, the company may be liable for any harm caused by the product. Consumers who have been injured or killed by a dangerous or defective product are entitled to seek damages through a product liability lawsuit.
Consumers with Legal Questions about Dangerous Products Should Seek Professional Advice
If you or a loved one has been injured or killed by a dangerous or defective product, you may have a significant claim for damages against the product manufacturer or distributor. The Maryland, Virginia, and D.C. personal injury and product liability lawyers with Lebowitz & Mzhen, LLC know how to hold companies accountable for manufacturing and marketing dangerous products to consumers. Our qualified attorneys and support staff will fight diligently for you to receive the compensation that you deserve. Call us today at 800-654-1949 to schedule a free consultation to discuss your case.