Can You Sue if You’re Hurt by a Recalled Product?

Companies recall millions of defective products every year. Faulty products may cause injuries, fires, property damage, and fatal accidents. If you suffered injuries from a dangerous product, the company may be liable for your damages, depending on the nature of the defect and applicable product liability laws. Companies can be liable for defective products both before and after a recall notice, but liability may be affected if a consumer continues to use a product after a recall has been issued.

We explore the legal options available to consumers who are injured by a recalled product. For more information about your potential compensation if you’re hurt by a dangerous product, consult a local product liability lawyer for advice.

Understanding Product Recalls

A product recall is a notice from a manufacturer or government agency to return a product for repair or replacement. Most product recalls are voluntary. The manufacturer replaces, repairs, or offers a refund for a product that has safety issues. If the manufacturer doesn’t issue a recall voluntarily, the government can require one.

Most recalls involve safety concerns. Consumers report accidents, incidents, and injuries involving dangerous products. Consumer protection agencies can investigate the incidents and determine if the product is unsafe. A recall notice alerts consumers that they purchased a faulty product and can take steps to fix the problem.

Finding Out About Recalled Products

You can find out about recent recalls and search for active recalls on several government agency websites. You can search for multiple types of recalled products on Recalls.gov. This includes recall notices and links to specific types of product recalls, including:

• Consumer product recalls (Consumer Product Safety Commission or CPSC recalls)
• Dangerous motor vehicles (National Highway Traffic Safety Administration recalls)
• Food safety recalls (Food and Drug Administration safety recalls)
• Drug and medicine recalls (FDA drug and medical device recalls)

Steps To Take if You Were Injured by a Recalled Product

If you or your loved ones suffer serious injuries because of a defective product, seek medical attention. For severe injuries, get emergency medical care. Getting medical attention is a way to document your injuries if you have to file a product liability claim against the manufacturer.

Gather as much information and evidence as you can. Keep the defective product, any packaging, inserts, and receipts. Take pictures of the product and any injuries or property damage. Write down what happened when it’s fresh in your memory. Get contact information for any witnesses.

Report defective products to the proper government agency. For example, report dangerous consumer products to the CPSC. You can also report defective products to your state attorney general.

Contact a product defect attorney to find out about your legal options. A lawyer can offer a case evaluation and explain your legal rights. They can file a product liability lawsuit to help you get compensation for your injuries.

Ignoring a Dangerous Product Recall

A recall doesn’t mean you lose your right to hold the company responsible. Generally, product recalls and product liability are separate. If a company puts a dangerous product on the market, it is responsible for any damage.

A recall does not automatically limit a company’s liability, but it can influence liability determinations, particularly if a consumer ignores the recall notice. However, there may still be defective products that were never recalled.

In some cases, a prior recall can limit your compensation. If you knew about a safety risk and continued to use the product, the manufacturer could argue that you assumed the risk. Comparative negligence can limit how much you can get in damages. Depending on state laws, it could lower your award or mean you get nothing in damages.

Don’t ignore a recall. A recall is a chance for you to get the defective product fixed, replaced, or get a refund. Returning a faulty product helps keep you and your family safe.

Legal Grounds for Suing

Under product liability laws, the companies responsible for putting a dangerous product on the market are liable for any damages. You can file a lawsuit against the manufacturer, distributor, and retailer. In many product liability cases, you don’t have to prove negligence, but you must show that the product was defective when it left the defendant’s control and that the defect caused your injury.

There are three types of product defect claims:

• Design defects
• Manufacturing defects
• Failure to warn defects

Some products have a dangerous design that creates a serious risk of injury even when you use them as intended. For example, a children’s hammock that can trap children and cause suffocation is a dangerous design. Such a dangerous design should not be on the market when there are safer alternatives.

Manufacturing defects happen during the construction process. For example, using inferior materials could make a child’s toy flammable, increasing the risk of injury. Companies are responsible for manufacturing their products as designed.

Warning defects generally have risks the average consumer doesn’t expect for the type of product. For example, electric scooters that can catch fire if they are plugged in should have a warning. The average consumer wouldn’t expect a charging device to explode if plugged in too long.

Potential Compensation for Injuries

Victims of defective product injuries can sue for compensatory damages. Damages compensate you for your losses, including future costs and expenses. Potential compensation in a product liability claim includes:

• Medical bills
• Lost income
• Loss of earning potential
• Future medical care
• Pain and suffering
• Property damage

A jury determines how much you will get in damages. However, most personal injury cases settle before going to trial. A settlement is an agreement to release your legal claims in exchange for payment from the defendants. A settlement can help you avoid the cost and stress of a trial. A settlement offer is also a guaranteed amount that is not subject to a jury’s decision.

Consult With a Qualified Lawyer

Large companies try to avoid paying for injury claims to save the company money. They will try to blame you for the accident and deny compensation. An experienced lawyer can defend your rights and help you get fair compensation for your injuries.

Most product liability lawyers offer a free case evaluation. They will review your case and explain your legal options. Your lawyer can file a lawsuit in court to hold the negligent companies accountable. For information about your rights after getting injured by a recalled product, talk to a product liability attorney.