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Food processor recall highlights product liability dangers

The tools and technology we take for granted are sometimes defective, with serious consequences. Routine items appear safe. When you pick them up and use them, you don't always take precautions because experience says you don't need to.

And that's when injury happens.

Take the recall of a Cuisinart food processor, where the defective blade can break off into your food. Victims who thought they would enjoy a homemade meal instead end up with tooth and mouth injuries, sometimes caused by an item was bought almost a decade ago.

Product liability

When you purchase a product you expect it to be safe: that normal use won't injure you. A product recall is a good start for any manufacturer but its purpose is to put out the fire of an already in-market problem. The Cuisinart recall doesn't answer the health concerns for the customers who were already injured by the food processor blade, and it's likely that many missed the recall news and kept using it.

Product liability is a serious matter. For anyone injured by an unsafe product, there are three major conditions for a lawsuit to help cover medical expenses.

  1. The danger must be unreasonable for the product's intended use.
  2. You must have been using the product for its intended use.
  3. The product must not be modified from its original condition.

Personal injury

Noting the time of the injury is important and anyone using the Cuisinart product undoubtedly noticed a mouth laceration or other injury as it happened. Document any injuries and seek medical assistance.

The date of the injury is important both for proof of cause and effect, but also to show how it relates to the recall announcement. In product liability claims, the manufacturer's responsibility is lesser if it can be shown that the user knew about the defect. In other words, injuries that occur after a recall are less likely to receive compensation.

The products you buy should be safe for use as advertised. Buying a professionally made product off the department store shelf is a routine process. There is an implicit understanding that your food processor will help to prepare your meals without hurting you. When a sharp blade breaks or another defect causes you harm, it's the manufacturer's responsibility to remedy the situation.

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