What’s the Difference Between a Defect and a Recall?

We often hear reports of product recalls in the news, some of which are followed up with substantial settlements and fines from the federal government. However, if you have been hurt or become sick due to a flawed product, it is essential to understand the distinction between a defect and a recall.

A defect is the problem, and a recall is the attempted solution. A defect is any flaw, fault, or other shortcoming that makes a product potentially dangerous and, in some cases, even life-threatening. A recall is the action a company decides, or is compelled, to take to correct the defect.

In this blog, we will take an in-depth look at defects and recalls, and consider how you can seek justice after being injured by a faulty product.

Product Defects Explained

A product defect is any flaw that makes a product dangerous when used as intended, or even in another way that the manufacturer should have reasonably foreseen. 

To prove a defective product was the cause of your injuries or illness, a product liability attorney must provide compelling evidence that using the product was the direct cause of your injuries. It is not enough simply to show that you were using the product when you got injured. 

Types of product defects

Product liability law generally categorizes defects in the following ways:

• Design defects: Something in the blueprint of a product’s design makes it inherently unsafe. One of the most famous recent examples of a flawed design is the Takata airbags. A faulty inflator switch could make airbags rupture, spraying metal projectiles throughout the cabin. This resulted in hundreds of injuries, reported fatalities, and a major recall.

• Manufacturing defects: While the product’s design may be sound, errors in the manufacturing process can lead to defective products. Misaligned parts, contaminated foods, and welding mistakes can all fall into this category. The Johnson & Johnson contaminated talc case is an example of a manufacturing defect case, as the contaminants were not part of the original formula.

• Marketing defects: These defects are also known as “failure to warn.” Inadequate instructions or a lack of warnings can leave consumers unaware of risks. An example would be a drug that was sold without proper labeling outlining all its potential side effects and possible interactions with other drugs. 

Proving a product is defective

A product liability lawyer must build a strong case first to show that the product was defective, and then that the defect was the cause of your injuries. Potential evidence of a defective product may include:

• An analysis of the actual product, or its remains
• Photographs of the defect
• Photographs of your injuries
• Medical reports
• Purchase receipts
• Product packing and warning labels
• Witness statements

Not all defective products are subject to recalls. However, if it is, this could strengthen your case even further.

Exploring Product Recalls

If a company becomes aware that a large number of a particular product is defective and therefore unsafe, it must recall the product. There are two types of recalls: voluntary and mandatory.

Voluntary recalls

Voluntary recalls are proactive steps taken by companies to remove potentially harmful products from the market. While the company facilitates these recalls, they may be done in communication with a government regulator. 

There are specific legal protections in place for consumers during a voluntary recall. One of these includes the right to file a personal injury claim within 1 to 3 years from the discovery of the injury.

These laws can be complex, so consult an experienced product liability attorney as soon as you suspect a defective or recalled product was the cause of your injuries. Your lawyer can guide you through your rights, which may include joining a class action lawsuit or filing an individual lawsuit, potentially securing a higher level of compensation.

Mandatory recalls

The US government issues mandatory recalls for any product it considers poses an immediate or long-term risk to health. Different agencies can issue recalls, including:

• National Highway Traffic Safety Administration (NHTSA): Issues recalls for defective vehicles, tires, equipment, and other motor industry components
• Food and Drug Administration (FDA): Administers recalls of contaminated foods, defective medical devices, and tainted drugs

• US Department of Agriculture (USDA): Facilitates recalls of meat and dairy products that do not meet regulatory standards

Classes of recalls

There are 3 classes of mandatory recalls:

• Class I: The most serious type, this includes products that pose an imminent or significant risk to health or danger of death

• Class II: The risk of death and to consumer health is slightly less serious, but the product is still harmful and may cause harm in the long term

• Class III: These products have violated regulations but are not likely to cause adverse health consequences

Your product liability lawyer can explain the risk involved in the recalled product that caused your injuries, and how this could impact your claim for compensation.

Manufacturers’ responsibilities

 Manufacturers must take action, including:

• Offering to refund customers
• Repairing products at no cost
• Replacing the defective item
• Providing updated warnings or instructions

Mandatory recalls relate to the most serious safety or health risks. If companies do not comply, they face fines and other legal consequences. 

Crucially for people who have been injured by recalled products, the recall does not let the manufacturer off the hook. Although it is a positive step toward putting things right, you still have the right to seek justice and compensation. Your product liability attorney can explain exactly where you stand.

Why the Distinction Matters to You

The differences between a defect and a recall may seem academic. However, here are some important things to bear in mind about both and how they could affect your case:

• No recall does not equal no defect: A product does not have to be subject to a recall to be defective. You still have the right to pursue legal action for injuries from a defective product even if the manufacturer has not issued a recall. 

• Recall does not erase liability: A manufacturer is still liable for its defective products even if it issued a recall. If it delayed issuing the recall after it knew about the issue, its liability could be even greater.

• Recall could also strengthen your case: Most recalls involve products that are known to be defective or contaminated. Therefore, this could make proving causation easier.

Whatever the circumstances of your defective product injury, give yourself the best chance of success by hiring the right product liability attorney.

Let Fielding Law Fight Your Product Liability Battle

If you or a loved one has been made sick or injured by a defective product, you do not need to wait for a recall to seek justice. Your right to compensation depends on proving the product was the cause of your injuries, not whether a government agency or company has taken action.

At Fielding Law, we are dedicated to helping injured consumers pursue claims against negligent manufacturers and distributors. Whether your case involves an automotive defect, an unsafe medical device, or a gadget that went wrong, our attorneys are ready to hear your story and give you the tailored advice you need.

Call (877) 880-4090 or complete our online form to discuss how we can help you get your life back on track. We offer free consultations.