When a product is found to be defective or dangerous, it is often recalled by the manufacturer or ordered off shelves by regulatory agencies. While this might seem like the end of the story, it’s often just the beginning—especially for victims who have suffered injuries. If you’ve been harmed by a defective product, a recall can actually strengthen your case, not weaken it.
At Hayes Law, our experienced personal injury attorneys in San Diego have gone toe-to-toe with major corporations and won. We’ll break down how product recalls influence product liability cases and what your rights are as a consumer.
What Is a Product Recall?
A product recall is a formal request by a manufacturer or government agency to return, repair, or replace a product that has been found unsafe. Recalls are usually initiated due to:
- Design flaws
- Manufacturing defects
- Failure to warn or provide adequate instructions
- Violation of safety standards
Agencies like the Consumer Product Safety Commission (CPSC), Food and Drug Administration (FDA), and National Highway Traffic Safety Administration (NHTSA) often oversee recalls in the U.S., depending on the type of product.
Does a Product Recall Automatically Prove Liability?
A common misconception is that a product recall automatically proves the company is liable for damages. Legally, a recall is not an admission of guilt. Companies may recall products as a preventive measure, or even under regulatory pressure.
However, recalls can still be powerful evidence in a personal injury case. Here’s why:
- Implied acknowledgment of danger: A recall signals that the manufacturer is aware of a potential defect.
- Public documentation: Government announcements, internal memos, and safety reports can serve as admissible evidence.
- Pattern of negligence: If the company knew of the issue but delayed the recall, it may show willful neglect.
Courts may weigh recall-related documents heavily during litigation or settlement negotiations.
Can You Still Sue If a Product Has Been Recalled?
Yes. You can absolutely sue even if the product that injured you has been recalled.
In fact, a recall might help bolster your case if:
- You were injured before the recall was issued
- You never received proper recall notice
- The product was not adequately repaired or replaced
- The recall didn’t address the actual defect that caused your injury
Whether the product was pulled from shelves or still available, manufacturers and other parties (e.g., retailers, distributors) may still be held liable under product liability law.
Key Legal Theories in Product Liability Cases
When pursuing a lawsuit, your attorney may base the case on one or more of the following:
- Strict Liability: You don’t need to prove negligence—just that the product was defective and caused harm.
- Negligence: Proving the company failed in their duty to design, test, or warn properly.
- Breach of Warranty: Claiming the product failed to meet the promises made about its safety or performance.
A recall helps support all of these theories by showing that a safety problem existed and that others were at risk too.
What If the Company Claims You Were Warned?
Many manufacturers attempt to use recall notices as a defense, arguing that consumers were warned in advance.
But here’s the problem: recall notices don’t always reach everyone.
- Some are only posted on government or brand websites
- Others get buried in the mail or emails
- If you bought the product second-hand, you may never have been contacted
Courts often find that a failure to ensure adequate communication can still lead to liability. In other words, just issuing a recall doesn’t erase responsibility.
Who Can Be Held Responsible in a Product Liability Case?
Product liability doesn’t just stop at the manufacturer. Depending on the case, the following parties might be legally accountable:
- Product designers
- Manufacturers
- Wholesalers or distributors
- Retailers that sold the item
- Importers (for foreign-made products)
For example, if a recalled toy injured your child, the store that sold it after the recall was issued could be liable for knowingly putting dangerous goods in consumers’ hands.
Real-World Examples
- Takata airbags: Despite a massive global recall, several injuries and deaths occurred before the recall reached every vehicle owner. Lawsuits against both automakers and Takata followed.
- Peloton treadmills: After reports of child injuries and one death, the company issued a recall. Victims pursued legal action despite the company’s warnings and eventual recall.
These examples show that product recalls often come after serious harm has already occurred—and that recalls don’t limit your legal options.
Time Limits Still Apply
Even if a product was recalled, you only have a limited time to file a lawsuit. In California, the statute of limitations for personal injury cases is generally two years from the date of injury. Delaying action could mean losing your chance at compensation entirely.
If you were injured by a recalled product, talk to an experienced attorney right away to understand your options and preserve your rights.
How We Can Help
At Hayes Law, we’ve stood up to some of the largest companies in the country—and won. Our experienced San Diego product liability attorneys, Jillian Hayes and Jim Hayes, understand what it takes to hold corporations accountable when their products hurt people. Whether the item was recalled or not, we’ll help you build a strong case, gather critical evidence, and fight for the compensation you deserve.
We offer free consultations, so there’s no risk in reaching out. Let us review your case and explain your legal options. If you’ve been injured by a defective product—recalled or not—we’re ready to help you take the next step toward justice.
Contact Hayes Law today for powerful legal representation that gets results.