Quick Takeaways
Product recalls occur when an item poses a safety risk to consumers, ranging from minor defects to severe hazards.
If injured by a recalled product, document everything, including the product, injuries, receipts, and recall notices.
Medical attention should be sought immediately after an injury to prevent complications and to establish evidence.
Victims may have the right to file a personal injury from Edvin Law or product liability claim to recover damages.
Timely action is critical; laws often impose statutes of limitations for product-related injuries.
Product Recalls: What to Do If You Were Injured by a Recalled Item
Product recalls are issued when a consumer product poses a safety hazard that could result in injury or even death. These recalls are meant to protect the public from defective or dangerous items ranging from faulty appliances and contaminated food products to unsafe children’s toys and defective vehicles. While recalls are designed to prevent harm, accidents still occur, and consumers can be injured by recalled products before the issue is widely known. Understanding your rights and immediate actions is crucial if you are affected.
Understand the Recall
A product recall happens when a manufacturer or regulatory authority identifies a defect or risk. In the United States, product recalls are often coordinated by federal agencies, such as:
Consumer Product Safety Commission (CPSC) – handles household products, electronics, and toys.
Food and Drug Administration (FDA) – oversees food, medications, and medical devices.
National Highway Traffic Safety Administration (NHTSA) – responsible for vehicles and vehicle-related equipment.
Recalls can be voluntary (initiated by the manufacturer) or mandatory (ordered by a government agency). In either case, if a product is recalled, you should check whether your purchased item is included in the recall and follow instructions regarding repair, replacement, or disposal.
Take Immediate Safety Precautions
If you have already been injured, seek medical attention immediately. Even minor injuries can worsen if left untreated. Keep all evidence, including:
The product itself (do not discard it unless instructed).
Receipts, warranties, or proof of purchase.
Photographs of the injury and the product.
Any recall notices or communications.
Documenting this information can strengthen your case if you decide to pursue legal action.
Report the Injury
Notify the relevant regulatory authority about your injury. This may include:
Filing a report with the CPSC if the product falls under their jurisdiction.
Contacting the FDA for food or medical device issues.
Reporting to the NHTSA for vehicle or auto part injuries.
Reporting ensures authorities are aware of ongoing dangers and helps protect others. Additionally, contact the manufacturer or retailer to inform them of the incident. Some manufacturers may offer remedies, such as refunds, replacements, or medical expense coverage.
Understand Your Legal Rights
Injury from a recalled product can trigger a product liability claim. In the U.S., product liability law generally covers three categories:
Defective design: The product’s design is inherently unsafe.
Manufacturing defects: The product was made incorrectly, causing a hazard.
Failure to warn: The manufacturer did not provide adequate instructions or warnings about potential dangers.
To pursue a claim, you must prove that:
1. You were injured.
2. The product was defective or unsafe.
3. The defect caused your injury.
Damages can include medical expenses, lost wages, pain and suffering, and long-term care costs if applicable.
Keep Detailed Records
Maintaining thorough records is crucial. Include:
Medical records and bills related to the injury.
Copies of recall notices and product labels.
Correspondence with manufacturers, retailers, or regulatory authorities.
Notes from conversations with witnesses or other affected consumers.
These documents can support both insurance claims and legal proceedings.
Consult an Experienced Attorney
A product liability attorney can help you:
Determine the viability of a legal claim.
Navigate complex laws related to defective or recalled products.
Negotiate settlements with manufacturers or insurers.
Ensure your rights are protected under federal and state law.
Time is of the essence. Statutes of limitations vary by state and by the type of claim, meaning there is a limited window to file a lawsuit after an injury occurs.
Prevent Future Risks
After a recall injury, consider taking preventive measures for the future:
Register products with the manufacturer for recall notifications.
Regularly check the CPSC, FDA, or NHTSA recall lists.
Follow manufacturer safety instructions carefully.
Educate family members about potential product hazards.
If you or a loved one has been injured by a recalled product, take action immediately: seek medical care, document your injuries, and contact a qualified product liability attorney to protect your legal rights and pursue the compensation you deserve.
Summary
Product recalls exist to prevent harm, but injuries can still happen. If you are hurt by a recalled item, the most important steps are to prioritize safety, document the incident, report it to authorities, and seek legal guidance. Understanding your rights under product liability laws allows you to pursue compensation for medical expenses, lost wages, and other damages. Timely action, thorough documentation, and professional legal support are key to navigating these complex cases and ensuring accountability for unsafe products.
Related: What to Do If I Have Suffered an Injury from a Recalled Product
FAQs
1. What should I do if I am injured by a recalled product?
Seek medical care immediately, preserve evidence, and report the injury to the relevant regulatory agency and the manufacturer.
2. Can I sue if the product was recalled after I bought it?
Yes. You may have a product liability claim if the defect caused your injury, even if the recall was issued later.
3. Who can be held liable for injuries caused by a recalled product?
Liability can fall on the manufacturer, distributor, or retailer, depending on the circumstances and type of defect.
4. How long do I have to file a claim?
Statutes of limitations vary by state and type of claim. Typically, you have 1–3 years from the date of injury, but consult an attorney immediately to protect your rights.
5. Are all recalled products dangerous?
Not all recalled items cause injuries, but they have been deemed unsafe or potentially hazardous. Some recalls are precautionary, while others respond to actual incidents.
