What Happens If a Product Causes a Serious Injury After a Recall?
A product recall is meant to protect consumers from a known safety problem. But what happens if you are seriously injured by a product that is later recalled? What if the recall had already been announced, but you never received notice? A recall does not automatically determine whether you have a product liability claim. However, it can provide important information about a potential defect and the risks associated with the product. If you suffered a serious injury, understanding what happened and preserving information about the product may be important to your claim.
What Does a Product Recall Mean?
A company may recall a product after discovering that it presents a safety risk or does not meet certain safety requirements. The U.S. Consumer Product Safety Commission (CPSC) publishes many consumer product recalls and explains what consumers should do when a product is affected.
A recall may apply to an entire product line or only to certain models, production dates, or batches. The recall notice should identify the products involved and explain what consumers should do. Depending on the circumstances, a company may offer a repair, replacement, refund, or another remedy.
For an injured consumer, however, the bigger question may be whether a defect in the product caused the injury.
Can You Still File a Product Liability Claim After a Recall?
A recall does not automatically prevent an injured person from pursuing a product liability claim. In California, product liability cases can involve manufacturing defects, design defects, or inadequate warnings and instructions.
The recall may be relevant because it can identify a known safety problem with the product. It may also provide information about the nature of the defect and the steps the manufacturer took after discovering the problem.
Still, the existence of a recall does not automatically establish legal responsibility. An injured person may need to show that the product was defective and that the defect caused the injury. The facts of the individual case will determine what claims may be available.
What If You Were Injured Before the Recall?
Sometimes a person is injured before a recall is announced. The product may have been in a consumer’s home for months or years before the manufacturer discovered the problem.
In that situation, the timing of the recall can become an important part of the investigation. You may need to establish when you purchased or received the product, when the injury occurred, and when the manufacturer announced the recall.
Finding out about a recall after an injury can also provide information that was not available when the accident happened. For example, the recall notice may describe the same type of defect or safety problem involved in your injury.
Keep any information you have about the product and the recall. That includes receipts, product labels, model numbers, recall notices, and communications from the manufacturer or retailer.
What If You Were Injured After the Recall?
An injury that happens after a recall has been announced can raise different questions. You may not have known about the recall, may not have realized that your particular product was included, or may not have received a notice from the manufacturer.
Recall notices often apply only to specific products or batches. That is why it is important to compare the product involved in your injury with the details in the recall notice.
You should also document what happened after you learned about the recall. If the manufacturer offered to repair or replace the product, keep records of that offer. If you had the product repaired or replaced, keep documentation showing what was done and when.
These details can help establish a clear timeline of what happened.
What Evidence Should You Keep After a Recalled Product Injury?
A serious product injury can involve evidence from several different sources. Some of that evidence may become difficult to obtain if the product is thrown away, repaired, altered, or returned.
If possible, preserve:
- The product, packaging, labels, and model information
- The recall notice and related communications
- Receipts or other proof of purchase
- Photographs or videos of the product and the accident
- Medical records and bills
- Names and contact information for people who witnessed the incident
- Communications with the manufacturer, retailer, or distributor
- Records of any repair, replacement, refund, or other recall remedy
Do not assume that the recall notice alone proves what caused your injury. The specific product involved may need to be examined to determine whether it had the identified defect and whether that defect played a role in the accident.
What Should You Do After a Serious Injury?
Your first priority after a serious product-related injury should be getting appropriate medical care. Follow your doctor’s recommendations and keep records of your treatment.
You should also preserve information about the product and the accident. Take photographs when appropriate, save your purchase records, and keep copies of any recall information you receive.
Be careful about throwing away or modifying the product. If the product itself may be important evidence, changing or disposing of it could make it harder to determine what happened.
If a manufacturer, retailer, or insurance company asks you to provide a statement about the accident, make sure you understand what you are being asked before responding. For a serious injury, speaking with a California product liability attorney can help you understand your options before important evidence is lost.
A Product Recall Does Not Tell the Whole Story
A recall can be an important piece of information after a defective product causes an injury, but it is not the entire case. The circumstances surrounding the product, the alleged defect, and the injury still need to be examined.
California product liability claims can involve manufacturing defects, design defects, and inadequate warnings or instructions. The specific facts will determine whether a product liability claim may be available and who could potentially be held responsible.
If you suffered a serious injury involving a recalled product, do not assume that the recall automatically settles the issue of responsibility. Preserving the product and related records can help protect important evidence while you determine what happened.
Ashton & Price: Product Liability Claim Lawyers
If you or a loved one has been injured because of a dangerous or defective product, Ashton & Price can help you understand your legal options and pursue the compensation your family may deserve. As Sacramento’s most trusted personal injury attorneys, they are committed to helping clients navigate these challenges and recover the compensation they deserve. Call (916) 786-7787 or (415) 843-2000 or contact us online today for a free consultation.