Product recalls confirm that manufacturers acknowledge their products are dangerous. If you were injured by a recalled product—before or after the recall announcement—the recall significantly strengthens your lawsuit. Understanding how recalls affect legal claims helps injured consumers pursue maximum compensation.
How Recalls Strengthen Your Case
A recall involving your product is powerful evidence because the manufacturer has essentially admitted a defect exists. The recall announcement establishes the product posed a safety hazard, the manufacturer knew about the danger, and the product was unreasonably dangerous.
Without a recall, you'd need expert testimony to prove a defect existed. With a recall, the manufacturer's own acknowledgment does much of that work for you.
CPSC and Recall Information
The Consumer Product Safety Commission maintains a searchable database of recalls at cpsc.gov. Recall announcements typically describe the specific defect, hazards posed to consumers, number of products affected, injuries and incidents reported, and remedy offered (refund, repair, replacement).
Recall announcements documenting prior injuries show the manufacturer knew of dangers before your incident—potentially supporting claims for punitive damages.
Pre-Recall Injuries
If you were injured before the recall was announced, you have strong claims against the manufacturer. The subsequent recall proves the product was defective when you used it. Your lawsuit may have contributed to the recall by adding to the incident reports that triggered regulatory action.
Pre-recall injuries often generate the largest settlements because plaintiffs were harmed before the manufacturer publicly acknowledged the danger.
Post-Recall Injuries
Injuries after a recall announcement create different dynamics. If you knew about the recall but continued using the product, the manufacturer may argue you assumed the risk. However, manufacturers cannot simply announce recalls and escape liability—they must make reasonable efforts to actually reach consumers.
If the recall wasn't adequately publicized and you didn't learn about it, the manufacturer may be liable for inadequate recall efforts in addition to the original defect.
Inadequate Recall Claims
When manufacturers don't effectively communicate recalls, consumers continue using dangerous products. Inadequate recall notices can support additional negligence claims. Factors indicating inadequate recalls include low recall response rates, failure to reach registered purchasers directly, insufficient media coverage and announcements, and confusing or unclear recall instructions.
Manufacturers have a duty to make reasonable efforts to notify consumers—not just issue press releases that most people never see.
Evidence from Recall Investigations
Recall investigations often reveal damaging information. Internal documents showing the manufacturer knew about problems before the recall support claims for punitive damages. Delayed recalls—where manufacturers knew of dangers but didn't act promptly—show particularly culpable conduct.
Discovery in litigation can obtain internal emails, memos, and test results showing what the manufacturer knew and when. This evidence often proves more damaging than the recall announcement itself.
Recall Remedies vs. Injury Compensation
Recalls offer remedies for the defective product itself—typically refunds, repairs, or replacements. Accepting recall remedies doesn't waive your right to sue for injuries.
A refund compensates you for the product's value. It doesn't compensate for medical bills, lost wages, pain and suffering, or other injury damages. You can accept the recall remedy and still pursue a lawsuit for your injuries.
Statute of Limitations Considerations
Recalls may affect when statutes of limitations begin running. The discovery rule may delay your deadline if you couldn't have discovered the defect until the recall. However, once a recall is announced, you're generally considered on notice of the defect.
Don't wait to see if injuries develop or worsen. Consult an attorney promptly to ensure you don't miss applicable deadlines.
Pursuing Your Recall-Related Claim
If you've been injured by a recalled product, gather the product itself (if possible), packaging, receipts, recall notices you received, medical records documenting your injuries, and any recall-related correspondence.
Contact a product liability attorney experienced in recall litigation. Recalls provide valuable evidence, but you still need skilled advocacy to maximize your recovery. Most product liability attorneys work on contingency, so you pay nothing unless you recover compensation.