A recall alone does not prevent you from suing over harm caused by a defective product, but it can complicate your case. It opens the door for the manufacturer to claim that you assumed the risk by continuing to use the product.
This doesn’t mean we’re without counterarguments. For example, if you never received a notice of the recall then the manufacturer may still have failed in their duty to warn you that a problem existed. In addition, if the recall was very recent then we can easily make the case that you had no time to receive the warning. Of course, if the recall is older or well-publicized then the value of your case may reduce to the point where it’s not worth pursuing.
Either way, manufacturers, designers, and retailers are responsible for the safety of the products they put out into the world, period. If they fail to make safe ones and that failure hurts someone, then they are liable.
The Most Common Defective Products
The most common defective products are:
- Medications, including prescription drugs.
- Medical devices.
- Automobiles.
- Food.
- Construction equipment.
- Toys.
These are, unfortunately, products that most of us use every day.
Where to Find Information About Recalls
It’s not always a good idea to wait around for a notice to come by mail. Every now and then it might be a good idea to check for recalls. We especially recommend checking for car and car seat recalls on a regular basis.
- Recalls.gov lists recalls from federal agencies.
- Safecar.gov lists information on vehicles and car seats.
- FSIS.USDA.gov lists food recall information.
- FDA.gov lists other food recalls.
You do not have any sort of a duty of your own to check these websites on a regular basis, and failing to do so should not impact your case. We provide them merely to help you stay safer.
Need help?
If you are injured by a defective product, be sure to keep both the product and, if possible, the product’s original package and the instructions that came with it. Get medical attention immediately, and then reach out to our law firm.
We may be able to help you, even if our investigation discovers that a recall was in place.
Calling us is risk-free: we don’t get paid unless we bring your case to a successful conclusion. We’ll review the facts and tell you if your case is strong enough to proceed.
See also:
4 Actions to Avoid During an NYC Personal Injury Lawsuit
How Does the Burden of Proof Work in an NYC Personal Injury Case?
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Meet Mr. Richman
SCOTT B. RICHMAN, ESQ.
Mr. Richman is the Managing Member and Founder of Richman Law Firm PLLC. In his role as Managing Member, Mr. Richman oversees the day-to-day operations of the firm and handles the litigation of the most complex legal matters across a vast array of practice areas and disciplines.
