Attorney Daniel Kagan Advises CBS13 I-Team on Defective Product Recalls
The recent recall of the Power Max Snow Thrower due to an amputation hazard, raises questions on what possible legal recourse is available to consumers if they’ve been injured by a defective or recalled product. The CBS13 I-Team asked Berman & Simmons attorney Daniel Kagan what happens in these cases where a product was not fixed or returned, but then caused injury.
“If a person is notified by the manufacture of the recall and chooses not to have that recall repair performed the manufacturer could use that information against that user by suggesting that he did not exercise reasonable care in the use of the product,” said Attorney Kagan.