The Eaton Fire Claim Deadline* Is Approaching. Get Help Now.

Can You Sue for Injuries from Recalled Products?

Manufacturers recall unsafe products, but some consumers may already have suffered serious injuries. From defective vehicles and electronics to contam...

Key Takeaways

  • Recalled products can cause serious injury before or after a recall is announced. Injured consumers may be entitled to compensation.
  • Manufacturers, distributors, and retailers may be held liable for defective designs, manufacturing defects, or failure to provide adequate warnings.
  • A product recall does not automatically establish liability or prevent injured consumers from pursuing legal action.
  • Evidence such as recall notices, medical records, purchase receipts, and the defective product itself can strengthen a claim.
  • An experienced product liability attorney can help identify responsible parties, preserve evidence, and pursue compensation for eligible damages.

Manufacturers recall unsafe products, but some consumers may already have suffered serious injuries. From defective vehicles and electronics to contaminated food and dangerous toys, injuries from recalled products can result in medical expenses, lost income, and long-term complications.

Can you sue for injuries from recalled products in California? Yes. If a defective product caused your injuries, you may be entitled to compensation, even if the manufacturer issued a recall before or after the incident.

At Adamson Ahdoot, our experienced product liability attorneys help injured consumers investigate defective products, identify potentially responsible parties, and pursue compensation for their losses.

⚖️ Injured by a Recalled Product? Find Out If You Have a Case

While a product recall does not automatically establish liability, it does not prevent you from seeking compensation. If a defective product caused your injuries, Adamson Ahdoot can evaluate your case and explain your legal options. Call (866) 645-4992 for a free consultation.

Two people exchanging a brown paper shopping bag containing consumer products.

Understanding Product Recalls

A product recall occurs when a company or government agency determines that a product poses a safety risk to consumers. The recall process typically involves notifying the public, removing the product from stores, and providing refunds, repairs, or replacements.

Recalls are often issued through agencies such as:

  • The Consumer Product Safety Commission (CPSC) for general consumer goods
  • The Food and Drug Administration (FDA) for food, medicine, and medical devices
  • The National Highway Traffic Safety Administration (NHTSA) for vehicles and auto parts

Some recalls are issued after injuries or consumer complaints, while others occur before anyone is harmed. Either way, consumers may be at serious risk if they continue using defective products.

Consumers can also learn more about the largest product recalls in U.S. history and the safety failures behind them.

Can You Sue After a Recall?

Yes. You can file a product liability lawsuit if a recalled product injured you or a loved one. A product recall does not automatically establish liability, but it also does not protect manufacturers or other responsible parties from legal claims.

In California, product liability claims can be based on strict liability, negligence, or other applicable legal theories. Under strict liability, injured consumers generally do not need to prove that a manufacturer acted negligently. However, they must prove that the product was defective and that the defect caused their injuries.

There are three main types of product defects that may support a lawsuit.

1. Defective Design

The product was unsafe by design. Even if it were manufactured correctly, its structure or materials would pose an unreasonable risk to consumers.

📐 Example: A children’s toy with detachable parts small enough to cause choking.

2. Manufacturing Defect

The product’s design was safe, but an error during manufacturing made a particular item or batch dangerous.

🏭 Example: A batch of medications contaminated during manufacturing.

3. Failure to Warn

The manufacturer failed to provide adequate safety warnings or instructions about foreseeable risks associated with the product.

🚫 Example: A cleaning chemical that did not warn consumers about toxic fumes when mixed with other products.

Comparing the Three Types of Product Defects

Type of DefectMain IssuePotentially Liable Parties
Design DefectAn inherently unsafe product design.Manufacturers, designers, and other parties in the distribution chain, depending on their roles.
Manufacturing DefectErrors or contamination during production.Manufacturers, component suppliers, and other responsible parties.
Failure to WarnMissing or inadequate safety warnings or instructions.Manufacturers and other parties legally responsible for providing warnings.

For example, product liability claims involving defective Shein or Temu products can raise questions about manufacturers, overseas suppliers, and online retailers.

Although a recall notice may support a product liability claim, it does not automatically prove that a product was defective or that a particular company is liable. Whether evidence related to a recall can be used in court depends on the circumstances and the legal claims involved.

When Companies May Still Be Liable After a Recall

Even if a product has been recalled, liability may exist if:

  • The injury occurred before the recall was announced.
  • The recall was poorly executed, and consumers were not properly informed.
  • The company delayed issuing the recall despite knowing about the defect.
  • The replacement or repair provided under the recall was also defective.

In some cases, retailers and distributors who continue to sell or fail to remove recalled products from their shelves can also be held accountable. Liability can become more complicated when products are sold online, raising questions about whether Amazon can be held liable for defective products.

Receiving a recall notice or continuing to use a recalled product does not automatically eliminate a consumer’s right to compensation. Liability depends on the circumstances, including the adequacy of the warnings, the cause of the injury, and the actions of the parties involved.

Did You Know? You Can Sue Even if a Product Has Not Been Recalled

You may have a valid product liability claim even if the manufacturer never issued a recall. What matters is whether the product was legally defective and whether that defect caused your injuries. Likewise, a recall alone does not guarantee compensation.

Common Injuries Caused by Recalled Products

Recalled products can cause a range of injuries depending on the type of defect. Some common examples include:

Even seemingly minor injuries can result in significant medical expenses and long-term complications. Therefore, injured consumers should seek appropriate medical attention and document their symptoms, treatment, and related expenses.

Frequently Asked Questions

Can I Still Sue if I Didn’t Know About the Recall?

Yes. If you were injured by a defective product, you can still file a claim even if you were unaware of the recall. Manufacturers are responsible for notifying consumers and removing dangerous items from circulation.

What if the Product Was Recalled After I Was Injured?

You may still have a strong case. A recall often supports your claim by confirming that the company recognized safety issues that caused harm.

Do I Need To Prove Negligence?

Under California’s strict liability laws, you may not need to prove negligence. It is enough to show that the product was defective and directly caused your injury.

What Compensation Can I Recover?

You may be entitled to medical expenses, lost income, pain and suffering, emotional distress, and, in some cases, punitive damages if the company acted recklessly.

Who Can Be Sued for Recalled Product Injuries?

Potentially liable parties include manufacturers, distributors, retailers, suppliers, and even marketing firms involved in labeling or instructions.

How Long Do I Have To File a Lawsuit?

In California, most product liability claims must be filed within two years of the injury. If a government entity is involved, the timeline may be shorter, so acting quickly is crucial.

Injured by a Recalled Product? Let Adamson Ahdoot Evaluate Your Case

Injuries caused by recalled or defective products can leave victims facing medical expenses, lost income, and long-term health issues. Determining who is responsible often requires an investigation of the product’s design, manufacturing process, safety warnings, and recall history.

At Adamson Ahdoot, our experienced product liability attorneys collaborate with experts in engineering, manufacturing, and medicine to identify defects, establish liability, and pursue maximum compensation for your losses.

Our bilingual team has over 100 years of combined legal experience and is available 24/7 to help injured consumers understand their rights and explore their legal options.

If you or a loved one has been injured by a defective or recalled product, call (866) 645-4992 today, or contact us online for a free, confidential consultation about your case. You pay no attorney fees unless we recover compensation for you.

References

Related Blog Posts

Free Case Review

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
This field is hidden when viewing the form
I Agree to Receive Text Messages*
This field is hidden when viewing the form
This field is hidden when viewing the form
This field is hidden when viewing the form
This field is hidden when viewing the form
This field is hidden when viewing the form
This field is hidden when viewing the form
This field is hidden when viewing the form

By submitting this form, you agree to be contacted and recorded by Adamson Ahdoot LLP or a representative, calling or sending correspondence to your physical or electronic address, on our behalf, for any purpose arising out of or related to your case and or claim. Standard text and or usage rates may apply. If at any time you wish to opt out of communication, reply "STOP." Text "HELP" for assistance. Message frequency may vary. See the privacy policy and Terms and Conditions on the webpage.

Hablamos Español Call Now

ChatBox Data

Form that will send the data leads of the chatbox to salesforce crm.

This field is for validation purposes and should be left unchanged.