QUESTION
Can we sue a major company for selling a product that's been recalled?
Asked on Aug 24th, 2013 on Personal Injury - Iowa
More details to this question:
My son has lead poisoning from vinyl blinds sold 3 years after they had been recalled. We won't know all of the effects only that it's irreversible damage until he is older. Apparently there are no lawyers in our area according to a partner website. We do not have much money. But we will get money together because our son's life is precious, and now, uncertain. A recalled product should not be on the shelves. Lead affects all parts of the body, and researching it has been horrifying. Please help if you think this is worth pursuing. We will gather the resources. I'm outraged and took so much time being careful during my pregnancy and now he is poisoned. It's sickening.
10 ANSWERS
Ronald A. Steinberg
Yes, you can sue. However, you have the responsibility of proving actual damages to date and/or likely to occur in the future.
Answered on Sep 11th, 2013 at 11:28 AM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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A distributor can be liable in Missouri for selling a defective product. The manufacturer, if still in existence, is also liable.
Answered on Sep 05th, 2013 at 4:03 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You will need to expand your search. Lead poisoning cases are particularly involved, as you are experiencing. There are lawyers who are members of large firms who don't mind taking on such cases, even if you are several cities away. Look for one who specifically takes on lead poisoning cases. I don't know what the phrase "according to partner website" means. You could try your local or state bar association for a referral, or possibly the Association of Trial Lawyers of America (ATLA). You are correct that a recalled product should not be on the shelves, that's why they are recalled. Also, a company will generally not recall one of its products until they have received numerous complaints, reports and possibly other lawsuits, so there may be some evidence to be had that they knew of the problem but did not address it properly. You are doing the right thing in looking for a lawyer, keep trying.
Answered on Sep 05th, 2013 at 4:03 PM
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You may be able to sue the company and/or the distributor( retailer). Lead poisoning is a horrible situation and in this day and age, should not even exist. You definitely should contact a lawyer asap to discuss the facts and details of the purchase as well as your son's current condition.
Answered on Sep 05th, 2013 at 4:03 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I think there is a potential case. You may need to wait until your child is older to bring the case so that you will have better evidence of what the long term affects will be. However, I think you should find an attorney now so that evidence can be secured and not lost.
Answered on Sep 05th, 2013 at 4:03 PM
James Eugene Hasser
Keep look for lawyers that handle lead poisoning cases. They're out there. I know because I've been involved in lead poisoning litigation. You need special experts to prove the lead caused the injuries and special doctors to prove the extent of the injuries.
Answered on Sep 05th, 2013 at 4:03 PM
Thomas Edward Gates
You need to retain a personal injury attorney. They work on a contingency basis and no funds are require of you up front. Make sure you determine if the manufacture, sell store, or both are at fault. Also, it takes a high lever exposure over a considerable period of time to cause damage. Since his "damage" is reversible when he is older, this weakens your case.
Answered on Sep 05th, 2013 at 4:03 PM
The first thing to do is to get a blood test to confirm lead poisoning. Without knowing if he has lead in his blood there is no way to prove any case.
Answered on Sep 05th, 2013 at 4:03 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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A lot of questions here. How old is the son? Has the son been diagnosed? What does the doctor say about causation? Where did you get the information that the blinds were recalled is that an issue? Are you just guessing about the poisoning idea or just worrying about it? Or can you prove it?
Answered on Sep 05th, 2013 at 4:03 PM
You should be able to find a lawyer who specializes in lead poisoning cases. Try the state bar association, or look on the internet.
Answered on Sep 05th, 2013 at 4:03 PM