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Product Recalls And How They Impact Your Claim

  • February 9, 2025
  • KBA Attorneys
  • No Comments

Product recalls happen when manufacturers discover that a product they have released poses a safety risk to consumers. While recalls are meant to protect the public from harm, they often come too late for those who have already suffered injuries, which is why it is important to reach out to a personal injury lawyer. Defective products can lead to serious consequences, including burns, broken bones, poisoning, and even life-threatening medical conditions. Understanding how recalls work, how they impact injury claims and what legal options exist. For those affected, it is crucial for protecting consumer rights and seeking fair compensation. Our friends at Strong Law Accident & Injury Attorneys can tell you all of the lowdown on product recalls and how to file a claim. Continue reading to learn more.

How Product Recalls Work

When a company identifies a defect or safety hazard in a product, it may voluntarily issue a recall, or government agencies like the Consumer Product Safety Commission, the Food and Drug Administration, or the National Highway Traffic Safety Administration may mandate one. Recalls typically happen for several reasons, including design flaws, manufacturing defects, contamination, or missing safety warnings.

Once a recall is issued, the manufacturer usually provides instructions on what consumers should do. This may involve returning the product for a refund, getting a replacement, or having it repaired. However, not all recalls happen immediately after a problem is identified, and many people suffer injuries before a product is officially pulled from the market.

Types Of Recalled Products That Pose Serious Risks

Some of the most commonly recalled products include automobiles with defective airbags or braking systems, children’s toys with small parts that create choking hazards, household appliances that pose fire risks, and medical devices that fail to function properly. Food and drug recalls are also frequent, often due to contamination or undisclosed allergens.

Even when recalls are widely publicized, not all consumers are aware of them. Many people continue using dangerous products, assuming they are safe, until an injury occurs. In these cases, the company may still be held liable for the harm they cause. Especially if they failed to act quickly or notify consumers properly.

What To Do If A Recalled Product Causes Injury

If an injury occurs due to a recalled or defective product, taking immediate steps can help protect legal rights and strengthen a claim for compensation. Seeking medical attention is the first priority, as documenting injuries early can establish a clear connection between the product and the harm suffered. Keeping the defective product is also important, as it may serve as key evidence in a legal case.

Checking for recall notices through official sources can confirm whether the product has already been identified as unsafe. If a recall has been issued, keeping copies of any notices, warranty information, and purchase receipts can be useful in pursuing a claim. Speaking with a legal professional can help determine whether there is a case for financial recovery, especially if the manufacturer’s negligence contributed to the injury.

How Recalls Impact Personal Injury Claims

Just because there is a product recall does not mean injury claims have automatic approval. Manufacturers may argue that the recall process gave consumers enough warning to stop using the product, shifting blame onto the injured party. They may also claim that the injury resulted from misuse rather than a defect.

A personal injury lawyer can counter these arguments by proving that the product was unreasonably dangerous and that the company failed to take proper precautions before the recall. In cases where a company knew about a defect but delayed issuing a recall, victims may have a stronger case for additional damages.

Holding Manufacturers Accountable

Companies have a legal responsibility to ensure their products are safe before they reach the market. When they fail to do so, injured consumers have the right to seek compensation for medical expenses, lost wages, pain and suffering, and long-term health complications. Holding negligent manufacturers accountable not only helps victims recover financially but also pushes companies to improve safety standards, preventing future injuries.

Protecting Consumer Rights After A Recall

Understanding how product recalls work can help consumers make informed decisions and avoid dangerous products. Our colleagues at KBA Attorneys want to remind you that when injuries occur due to defective goods, taking legal action may be necessary. Seeking guidance from a personal injury lawyer can provide the support needed to navigate the claims process and secure fair compensation for the harm suffered.