In 2024, there were over 3,200 product recalls in the US. These recalls are issued for a variety of safety concerns, such as contaminated food, dangerous medical devices, or faulty car parts.
Sadly, for some individuals, these recalls came too late. If a recalled product has harmed you or a loved one, you’re likely dealing with not only pain and medical bills but also confusion about what to do next.
Time is critical after a product-related injury, for your health and the strength of your legal claim. In this article, we will discuss important steps to take after you have been harmed by a recalled product.
Understanding Product Recalls
A product recall is issued when a manufacturer or government agency determines that a product poses an unreasonable risk to consumers.
Reasons for the recall can include:
- Manufacturing defects
- Design flaws
- Inadequate safety warnings or instructions
- Contamination
- Risk of fire, choking, electrocution, etc.
Steps to Take If You Were Injured by a Recalled Product
What you do immediately after being injured by a recalled product can make a difference in your physical and financial recovery. Let’s discuss some steps you should take to protect your health and preserve your legal rights.
Step 1: Seek immediate medical attention
Your health should always be the top priority. If you have been injured, even if it seems minor at first, seek medical attention right away.
A medical professional can:
- Diagnose and treat your injuries properly
- Create medical records that will be vital to any future legal claim
- Identify whether the product caused or worsened your condition
Be honest and thorough when describing to the doctor how the injury occurred. This documentation will help link the recalled product directly to your injury.
Step 2: Identify the recalled product
You will also want to confirm that the product that injured you has been officially recalled.
The following are some of the major federal agencies in charge of consumer product recalls:
- US Food and Drug Administration (FDA)
- National Highway Traffic and Safety Administration (NHTSA)
- US Consumer Product Safety Commission (CPSC)
- US Environmental Protection Agency (EPA)
You can try searching by product name, brand, or manufacturer to find out if a recall notice exists.
Step 3: Preserve the product and packaging
Do not throw away the product or attempt to fix it. If possible, and safe to do so, keep the product in its current condition.
Save the following:
- The product itself, including all pieces and parts
- The original packaging and instructions
- Receipts or proof of purchase
- Any photos of the product and the injuries it caused
Preserving the product is important evidence when it comes to filing a product liability claim. Your lawyer and other experts may need to examine the item to determine how and why it caused harm.
Step 4: Report the injury to the appropriate agency
You can report consumer products such as toys, electronics, and appliances to the CPSC at their Safer Products website. Food, drugs, and medical devices can be reported to the US Food and Drug Administration via this page on their website.
When submitting your report:
- Describe the product and injury in detail
- Include the product’s brand, model, purchase date, and where it was bought
- Upload images and relevant documents if available
Filing a report not only documents your experience but may also contribute to public safety efforts and investigations.
Step 5: Don’t communicate with the manufacturer without a lawyer
After submitting a report, you may be contacted by the product manufacturer or their insurance company. Be cautious.
Don’t sign anything or accept a settlement without consulting a lawyer. Don’t provide recorded statements without legal representation.
Manufacturers may offer compensation quickly to limit their liability. Keep in mind that the offer they give is probably far less than your product liability claim is worth.
Step 6: Contact a personal injury lawyer
Product liability cases are often complex. It’s important to have a trusted legal advocate by your side throughout the claims process.
A skilled product liability attorney can help you:
- Investigate the product’s history, design flaws, or recall status
- Identify all potentially liable parties (manufacturer, distributor, retailer)
- File a personal injury claim or lawsuit
- Get maximum compensation for your medical expenses, lost income, and pain and suffering
Your attorney may work with experts who can testify about how the product failed and how it caused your injuries.
How to Determine Whether You Have a Product Liability Case
If you or a loved one has been injured by a recalled product, you may be wondering if you have grounds for a personal injury claim. The following are some factors your product liability attorney will evaluate to determine whether you have a solid case.
Was the product defective?
There are usually three types of defects:
- Design defects: Flaws in the product make it inherently dangerous
- Manufacturing defects: Something went wrong during production that made the specific product unsafe
- Marketing/labeling defects: The product lacked proper warnings or instructions
Did the defect cause your injury?
There needs to be a clear connection between the product’s defect and your injury. If the product was used in an unintended way, the case may be more complex.
Did the injury result in damages?
If your injury required medical treatment, led to lost income, or caused pain and suffering, you may be entitled to compensation.
Let Our Law Firm Help You Protect Your Legal Rights
Being hurt by a recalled product is stressful, but you don’t have to handle it alone. The compassionate product liability attorneys at Fielding Law are here to help.
We understand the physical, emotional, and financial toll a defective product can take. Our legal team is here to investigate your claim, determine whether you have a case, and fight to secure the compensation you deserve.
Contact us today if you or a loved one was injured by a recalled product. We’re ready to help you hold the responsible parties accountable and pursue justice for your injuries. Call us at (877) 880-4090 to schedule a free consultation.
