You bought something, used it like you were supposed to, and ended up injured. Then, you learn the product was recalled. Now what? It’s a frustrating situation, and you’re probably wondering whether the recall blocks you from taking legal action. The short answer is no—you may still have the right to file a claim for compensation. A recall doesn’t erase the harm you’ve suffered. In many cases, it can actually help your case. Here, we’ll walk through how product recalls work, how they affect injury claims, and what steps you should take next.
Understanding Product Recalls and What They Mean
When a company or government agency finds that a product is unsafe, they may issue a recall. This could happen because a product has a faulty part, poses a fire risk, or has caused injuries to consumers. Recalls are often announced by the manufacturer, the Consumer Product Safety Commission, or other agencies.
However, a recall does not cancel out a company’s responsibility. If you were hurt by the product, the fact that it was recalled doesn’t prevent you from suing. In fact, a recall is often a sign that the product was defective—and that the manufacturer knew it.
Can You Still File a Lawsuit? Yes—Here’s Why
Under California law, you can still file a lawsuit for a defective product injury—even if the product was recalled. The law holds manufacturers, distributors, and retailers responsible for the safety of their products. California follows the rule of strict liability. That means you don’t have to prove the company acted carelessly. You only have to show that the product was defective and that the defect caused your injury.
A recall can even support your case by showing that others had problems with the same product. Whether your injury happened before the recall or afterward, it doesn’t take away your right to file a claim. Companies can’t use a recall to avoid responsibility for the harm their product caused.
Steps to Take If You Were Injured by a Recalled Product
If you’ve been hurt by a recalled product, here’s what you should do:
- Get medical care right away and follow your doctor’s instructions.
- Save the product—don’t throw it out. It may serve as valuable evidence.
- Keep any packaging, receipts, or manuals that came with the item.
- Take photos of your injuries and of the product itself.
- Avoid speaking to the manufacturer’s insurance company without legal advice.
- Check for recall notices and keep a copy if you find one.
Most importantly, talk to a lawyer with experience handling product injury claims. You’ll want someone to review the details and help you move forward with confidence.
What You’ll Need to Prove
To bring a product liability claim in California, you’ll need to show three things:
- The product had a defect.
- You used it in a reasonable way.
- The defect caused your injury.
Defects fall into three categories:
- Design defects, which are built into the product.
- Manufacturing defects, which happen during production.
- Warning defects, where the product lacked clear instructions or safety labels.
Even if you knew about the recall before using the product, that doesn’t always block your claim. Each case is different. We can help figure out what went wrong and who may be held responsible.
How We Can Help You Recover
At Casper, Meadows, Schwartz & Cook, our team has helped many people who were injured by defective or dangerous products. If you were harmed by a recalled item, we’ll gather the evidence, speak to witnesses, work with product safety professionals, and build a strong case. You may be entitled to compensation for medical bills, lost income, pain and suffering, and more. Our goal is to hold the right parties accountable—whether that’s the manufacturer, distributor, or retailer.
Contact Our Experienced East Bay, Alameda County, Contra Costa County Product Liability Attorneys
At Casper, Meadows, Schwartz & Cook, we’ll take care of the legal side so you can focus on healing. Reach out to us for a free consultation. We’re here to help you understand your rights and take the next step forward.