Product recalls can make headlines, from cars with faulty airbags to contaminated food. While companies recall products to protect consumers, it often raises questions for those already affected: Does a recall affect my rights if I’ve been injured by a defective product? In this blog, we’ll explore how recalls work, what they mean for product liability claims, and what you should do if you’ve been harmed by a recalled item.
What Is a Product Recall?
A product recall happens when a company or regulatory authority (like the Food and Drug Administration or Consumer Product Safety Commission) identifies a defect that makes a product unsafe or potentially harmful. Recalls are issued to protect consumers from danger, and they can involve almost any type of product—from toys to appliances to medical devices.
Companies may issue recalls for issues such as:
• Design Flaws: When the product’s design itself is dangerous (e.g., furniture that easily tips over).
• Manufacturing Defects: When errors occur during production, causing only some units to be unsafe (e.g., contamination of specific food batches).
• Warning or Labeling Deficiencies: When products lack proper warnings about risks, causing potential harm (e.g., medications without sufficient usage warnings).
Recalls involving trucks and automobiles, and food recalls are perhaps the most common. Recalls aim to remove hazardous products from the market and usually provide a remedy, such as a replacement, refund, or free repair. But for those already injured, the recall doesn’t always address the full scope of their damages.
How Recalls Impact Product Liability Claims
If you’ve been hurt by a defective product that was later recalled, you may be wondering how this affects your right to seek compensation. Here’s what you need to know:
- A Recall Doesn’t Automatically Mean Liability
While a recall acknowledges that a product has issues, it doesn’t automatically prove liability in a court of law. You must still demonstrate that the product’s defect caused your injury and that you used the product as intended.
However, a recall can strengthen your case. The fact that a company publicly recognized a defect may make it easier to prove that the product was indeed dangerous. Courts often view recalls as an admission that the product posed a risk, which can be beneficial in product liability cases. - Proving Your Case in a Recalled Product Claim
In a product liability claim, you generally must prove three things:
• The product was defective.
• The defect caused your injury.
• You used the product as directed or as intended.
The recall itself may help establish the first point—proving that the product was defective. But your lawyer will also work to connect the defect to your injury by gathering evidence like medical records, photos, or expert testimony. - You May Be Entitled to More Than Just the Recall Remedy
When a product is recalled, the company usually offers a remedy—such as a replacement or repair. However, if the defect led to an injury, this remedy may not fully cover your damages, like medical expenses, lost wages, or pain and suffering. In these cases, filing a product liability claim can help you seek compensation that reflects the full extent of your losses.
Types of Product Liability Claims in Recalled Product Cases
When bringing a claim related to a recalled product, there are three main types of product liability claims to consider:
- Design Defect: This claim asserts that the product’s design was inherently dangerous. An example is a piece of furniture with a high risk of tipping, posing a risk of injury.
- Manufacturing Defect: This claim focuses on issues that arise during production, making certain batches or items dangerous, such as a contaminated batch of food.
- Failure to Warn (Marketing Defect): If a product lacks adequate warnings or instructions, you may have grounds to file a claim for improper labelling. This is common in cases involving hazardous chemicals or medical devices with side effects.
What to Do If You’re Injured by a Recalled Product
If you’ve been injured by a product that’s later recalled, here are steps you can take to protect your rights:
- Seek Medical Attention – Prioritize your health and get medical treatment as soon as possible. Documenting your injuries will be essential for your case.
- Preserve the Product – Don’t return the product to the manufacturer just yet. Keep it in its current condition as it will probably be essential evidence to prove the defect and your injury.
- Gather Documentation – Save all purchase receipts, medical records, and any paperwork or communication related to the recall. This will help substantiate your claim.
- Consult a Product Liability Lawyer – An experienced product liability lawyer can help you navigate the legal complexities of a recalled product claim and ensure you seek fair compensation for your injuries.
How Recalls Strengthen Accountability
Recalls are designed to protect the public, but they also highlight the importance of corporate accountability. When companies recognize and address issues, it signals a commitment to consumer safety. But for those injured, it’s often necessary to take additional legal steps to recover damages that a recall remedy may not cover.
Filing a product liability claim helps ensure that companies are fully accountable for the harm their products cause. When injuries arise from design flaws, manufacturing negligence, or inadequate warnings, it’s the right of consumers to seek compensation beyond what a recall may offer.
Final Thoughts
Product recalls are a step in the right direction for consumer safety, but they don’t always address the full impact of harm caused by a defective product. If you’ve been injured, understanding how a recall impacts your case is essential. While recalls can strengthen a product liability claim, working with a knowledgeable product liability lawyer can ensure you receive fair compensation for all the ways the defect has affected your life.
In the end, you deserve a safe experience with any product you buy, and when that trust is broken, you have every right to seek justice.
Lloyd W. Gathings
Gathings Law
Birmingham, AL
(205) 322-1201
lgathings@gathingslaw.com
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.