If it is discovered that a product is unsafe for consumers, then the manufacturer or the government will issue a product recall. A product recall calls for consumers to return the product to the manufacturer. As a part of a recall, stores also have an obligation to remove the product from their shelves and return it.
Consumers have the right to assume that a product that is offered for sale at a store is safe for use and, at the very least, has not been recalled for safety issues. For the most part, stores comply with recall announcements. However, a recent report from the Consumer Product Safety Commission (CPSC) noted that a number of retailers continued to sell recalled products to consumers.
CPSC Report
According to the CPSC report, retailers T.J. Maxx, Marshalls, and Home Goods continued to sell products even after they had been recalled. TJX Companies owns the three retailers. There were nineteen different products that were sold despite a recall. The recalls of these products occurred between 2014 and 2019.
Among the recalled products that were sold was the Fisher-Price Rock n’ Play, which was the subject of a highly-publicized recall in April 2019 after the deaths of several infants. Other baby products, including other brands of rocking sleepers that had been recalled, were also sold by the retailers. Other recalled products included speakers that posed an explosion hazard, baby clothing that caused fatalities, and hoverboards that posed a fire risk.
Unreasonable Risk
By failing to remove these dangerous products from their sales floors, these retailers placed consumers at an unreasonable risk of injury. Retailers have an obligation to remove dangerous products from their shelves as soon as they have been recalled. Consumers shop at T.J. Maxx, Marshalls, and Home Goods because of their low prices and bargain merchandise. They should not be placed at risk of serious injury for doing so. There have now been calls for a federal probe of TJX Companies sale of recalled products.
Contact a Product Liability Attorney
If you’ve been injured by a dangerous or defective product, you should have an experienced product liability attorney look at your case. Gregg Goldfarb has over 20 years of experience helping people injured by dangerous products. Contact him online or call 305-374-7000 to schedule a free consultation.