February 5, 2021

UNDERTAKING A RECALL: WHAT A MANUFACTURER SHOULD KNOW
  Christopher Renzulli and Howard Schilsky of Renzulli Law Firm, LLP were published in the February 2021 edition of Westchester Lawyer Magazine for their article addressing the legal implications of undertaking a recall.  Whether to issue a recall of a product, and how to effectively proceed in that endeavor, are some of the more difficult situations that a manufacturer can face.  Understanding the legal implications of issuing a recall can ensure that costs and liability exposure are minimized in the long term. 

A recall is more than just a warning, it is an offer to undertake corrective measures. It is an expensive and time-consuming task.  A manufacturer considering a recall should be fully apprised of the implications of its actions.  Even when performed correctly, a recall can potentially become an issue in future litigation concerning the recalled product.  In such a case, a manufacturer that was counseled on the legal underpinnings of the corrective measure is more likely to have success defending against any future claims.  The critical factor in a litigation where a recall is at issue is whether the manufacturer acted reasonably.  Therefore, understanding how the varying laws across the United States define reasonableness is critical.  Renzulli Law Firm regularly counsels its clients on these issues, enabling manufacturers to properly determine whether a recall is warranted, and if so, how to develop an effective recall strategy.

Renzulli Law Firm, LLP advises its clients in all aspects of product liability, including risk assessment and avoidance, defense of product liability claims, assisting in determining whether to recall a product, and development of a recall strategy.  If you have any question regarding a potential product liability issue, please contact John F. Renzulli or Christopher Renzulli.