What to Do If You’ve Been Injured by a Recalled Product

When you buy a product, whether it’s food, a household appliance, a medical device, or a car, you should be able to trust that it’s safe to use. Unfortunately, that trust isn’t always rewarded. Every year, thousands of products are recalled in the United States because they pose a danger to consumers. 

If you’ve been injured by a recalled product, you have rights. You may not know who is responsible, but you can still pursue a lawsuit. Our personal injury lawyers at Morelli Law are here to help you understand your rights and take action. 

The Basics of Product Recalls 

A product recall is an action taken to remove a dangerous product from the market or to fix a defect that poses a risk to consumers. Recalls can be initiated in several ways: 

• Voluntary recall: the manufacturer discovers a defect and chooses to recall the product on its own, often to avoid legal consequences. 
• Mandatory recall: a government agency orders the product to be recalled because it violates safety laws or has caused serious harm. 

 These recalls can happen for many reasons, including: 

•  Defective design that makes the product inherently unsafe 
•  Manufacturing errors that cause certain batches to be dangerous 
•  Failure to include proper warnings or instructions 
•  Contamination of food, drugs, or cosmetics 
•  Use of hazardous materials 

The Laws Governing Product Recalls

Manufacturers are legally required to address safety defects once they become aware of them. Failure to report or act can lead to fines, lawsuits, and criminal charges. This obligation is overseen by several federal agencies that oversee product safety and recalls in the U.S.. Each of these agencies has its own set of laws and procedures. The agencies that can oversee recalls include:  

• Consumer Product Safety Commission (CPSC): covers most consumer goods, from electronics to toys. Under the Consumer Product Safety Act (CPSA), manufacturers must report defects that could cause injury and may be required to recall products. 
• Food and Drug Administration (FDA): oversees food, drugs, medical devices, and cosmetics. Recalls can be ordered under laws such as the Food, Drug, and Cosmetic Act if products are adulterated, contaminated, or misbranded. 
• National Highway Traffic Safety Administration (NHTSA): handles motor vehicle and equipment recalls. Under the National Traffic and Motor Vehicle Safety Act, automakers must fix safety-related defects free of charge. 
• U.S. Department of Agriculture (USDA): monitors recalls of meat, poultry, and egg products for contamination or mislabeling. 
• Environmental Protection Agency (EPA): regulates recalls involving pesticides and chemicals. 

Your Rights When It Comes to Recalled Products 

As a consumer, you have important protections under state and federal law: 

• Right to be informed: companies must notify consumers of recalls through media announcements, direct contact, or retailer notices. 
• Right to a free remedy: in most recalls, you are entitled to a free repair, replacement, or refund. 
• Right to sue for damages: if you were injured by a defective product, whether or not it was recalled, you may be entitled to compensation.  
• Right to hold all responsible parties accountable: this includes manufacturers, distributors, and retailers. 

It’s also important to understand that a recall does not erase a company’s liability. If you were hurt before the recall was issued, or even after, if the company failed to adequately warn you, you may still have a strong claim. 

Who Can Be Held Liable for Your Injuries? 

In product liability cases, multiple parties in the supply chain may share responsibility. These can include: 

• Manufacturers: responsible for defective design, poor manufacturing processes, or inadequate warnings. 
• Distributors or Wholesalers: can be liable for passing along unsafe products without ensuring safety compliance. 
• Retailers: may be responsible for selling recalled products or failing to warn customers. 
• Component Manufacturers: potentially liable if a defective part or ingredient in a larger product caused the harm. 

This liability can be based on design defects that make the product inherently unsafe, even when made correctly. They can also be based on manufacturing defects and errors during production that make certain units dangerous. If something goes wrong with a product and it needs to be recalled, companies must also notify the public. Not doing so, or failing to properly label products with warnings, can be considered failure to warn. 

What to Do If You’ve Been Injured by a Recalled Product 

If you’ve been hurt by a product that’s later recalled, or even one that hasn’t been recalled yet, here’s what you should do.  

First, preserve the product and packaging. Do not throw the product away. Make sure to keep: 

• The defective item 
• All packaging, manuals, and warning labels 
• Receipts or proof of purchase 

These items can help prove your case and show the defect. 

Second, document your injuries and the incident. Make sure to take photos of your injuries, the product, and the scene. Write down exactly what happened while it’s still fresh in your mind. You should also check for recall information. Visit the official recall websites (CPSC, FDA, NHTSA, USDA) to see if your product has been recalled. This can strengthen your case, but remember, even non-recalled products can be dangerous. You can also report defective products to the relevant government agency. Your report may help prevent others from being injured. 

Take Immediate Action 

Because Product liability claims are subject to statutes of limitations, they have strict deadlines for filing a lawsuit. In New York, you generally have three years from the date of injury to file a claim. However, if your claim involves a government entity (e.g., a hospital that used a defective medical device), the deadline may be much shorter. Evidence can also disappear quickly. Products may be discarded, and manufacturing records destroyed. Acting fast protects both your legal rights and your ability to gather strong evidence. 

Contact a Product Liability Lawyer 

At Morelli Law Firm, we’ve spent decades fighting for injured consumers and holding negligent companies accountable. Our team has secured billions in verdicts and settlements for our clients, setting records nationwide. We take on big companies and win, because we’re not afraid to take your case to court. We work with expert witnesses and product experts to fight for you and your family, handling negotiations with powerful corporations to get the justice you deserve.  

You should feel safe using the products you buy. If a company’s negligence shattered that trust, we’re here to help you seek justice. If you or a loved one has been injured by a recalled product, don’t wait. Call us today for a free evaluation.