When dangerous products are recalled, consumers who were already injured may have strong product liability claims, and those still using recalled products should take immediate protective action. Understanding how recalls work and what legal rights they create helps injured consumers pursue appropriate compensation.
What Triggers a Product Recall?
Product recalls occur when the Consumer Product Safety Commission, the Food and Drug Administration, the National Highway Traffic Safety Administration, or other agencies determine products pose unreasonable safety risks. Recalls may be mandatory (ordered by the agency) or voluntary (initiated by the manufacturer).
Most recalls are technically "voluntary"—manufacturers agree to recall products when agencies identify hazards, avoiding formal enforcement proceedings. This distinction doesn't affect your legal rights.
Recall Evidence in Product Liability Cases
A recall involving your product is powerful evidence supporting your injury claim. The recall demonstrates the manufacturer acknowledged a defect existed, the defect posed a safety hazard, and the product was unreasonably dangerous.
Recall announcements, defect investigation reports, and the number of reported injuries strengthen your case by showing a pattern of failures beyond your individual incident.
Legal Claims After a Recall
If you were injured by a recalled product before the recall was announced, you have standard product liability claims against the manufacturer for the defect that caused your injury.
If you were injured after a recall was announced but before you learned of it, you may have additional claims for the manufacturer's failure to adequately publicize the recall.
Continuing to use a product after learning of a recall may affect your claim—courts may find you assumed known risks. However, manufacturers cannot simply announce recalls and escape liability for subsequent injuries if recall efforts were inadequate.
Adequacy of Recall Efforts
Manufacturers must make reasonable efforts to notify consumers of recalls. Press releases alone are often inadequate. Effective recalls may require direct mail to registered purchasers, prominent website notices, retailer notification programs, social media announcements, and follow-up communications for low response rates.
If you were injured because you never learned of a recall affecting your product, the manufacturer's inadequate recall effort may constitute additional negligence.
Pre-Recall Knowledge Claims
Manufacturers often know about defects long before recalls occur. Internal documents may show the company received complaints, conducted investigations, and knew products were dangerous before taking action.
If the manufacturer delayed a recall while continuing to sell dangerous products, or failed to recall products when they should have, this evidence supports claims for negligence and potentially punitive damages.
Your Rights Under a Recall
Recalls typically offer consumers remedies including full refund of the purchase price, free repair or replacement, or partial refund based on product age and use.
Accepting recall remedies doesn't waive your right to sue for injuries you've already suffered. A refund compensates you for the product's value, not for medical bills, lost wages, and pain from injuries caused by the defect.
Checking for Recalls
Before using products, especially children's products and equipment you've owned for years, check for recalls through CPSC at cpsc.gov for consumer products, FDA at fda.gov for food, drugs, and medical devices, NHTSA at nhtsa.gov for vehicles and child car seats, and manufacturer websites for brand-specific recall information.
Register products when you buy them so manufacturers can contact you directly about recalls. Many consumers never learn of recalls affecting products they own.
What to Do If You're Injured
If you've been injured by a product that was later recalled, or by a product you suspect may be defective, preserve the product and all related materials. Don't repair, modify, or discard the product. Photograph everything. Document your injuries and treatment.
Check whether your product has been recalled. Even if not yet recalled, report your incident to the relevant agency—your report may contribute to identifying hazards and initiating recalls that protect others.
Consult a product liability attorney. Recalls provide valuable evidence for injury claims, but you still need to prove your individual damages. An experienced attorney can use recall information to build the strongest possible case.