When a product is found to be defective or dangerous, manufacturers may issue a recall to remove it from circulation and prevent additional harm. While recalls are an important safety tool, they also play a significant role in personal injury cases, especially when someone has already been injured by the defective product.
If you were hurt by a product that was recalled, or a product that should have been recalled, understanding how recalls affect a product liability claim is critical.
Gold, Khourey & Turak has been a trusted personal injury law firm in the Ohio Valley for nearly 50 years. We help individuals injured by defective products pursue accountability and compensation, including cases involving product recalls.
What Is a Product Recall?
A product recall occurs when a manufacturer or a government agency such as the U.S. Consumer Product Safety Commission announces that there is reason to believe a product is unsafe and should be returned, repaired, or removed from the market.
Recalls are typically issued when a product may pose a serious risk to consumers, including malfunctioning vehicle parts, defective medical devices, unsafe toys, or hazardous household items.
Although manufacturers often state that a recall is issued out of an abundance of caution, in many cases a recall may serve as acknowledgment that a product is dangerous. Manufacturers may offer replacements, repairs, or refunds, but these actions do not erase the harm already caused.
How Product Recalls Affect Personal Injury Claims
Product recalls can play an important role in personal injury and product liability cases.
Evidence of a Defect
A recall may serve as evidence that the product was defective and posed a known safety risk. When a manufacturer recalls a product, it often confirms that the company is aware of the defect or danger. This can strengthen a personal injury claim by supporting the argument that the product was unsafe for its intended use and caused harm.
Delay in Issuing the Recall
Recalls can also expose delays or failures by the manufacturer. If a company knew about a defect but waited too long to issue a recall or failed to warn consumers properly, that delay may support a claim of negligence for individuals injured during that time.
Investigations into recall timing and company conduct often reveal whether reasonable steps were taken to protect consumers.
Coordinated or Multi-Party Litigation
In some cases, recalls lead to larger lawsuits involving multiple injured consumers. When many people are harmed by the same defect, recalls may trigger coordinated litigation or class action claims, particularly if the product remained on the market despite known dangers.
Why Defective Products Remain Dangerous After a Recall
While recalls are intended to improve safety, they are not always effective in preventing injuries.
Many consumers never receive recall notices. Products purchased secondhand, received as gifts, or sold through online marketplaces may remain in use long after a recall is issued.
Some recalled products remain on store shelves or in warehouses due to distribution failures or delayed enforcement. In other cases, online resellers continue to sell recalled items to unsuspecting buyers.
Even after a recall, injuries can still occur if consumers are not properly notified or if defective products are not fully removed from circulation. In these situations, a recall does not eliminate liability and may still support a product liability claim.
How Gold, Khourey & Turak Can Help
If you were injured by a defective product that was recalled, or should have been recalled, our attorneys can help you understand your rights and pursue compensation.
We begin by evaluating the circumstances of your injury and reviewing any recall information connected to the product. Our team investigates how the defect occurred, when the manufacturer became aware of the danger, and whether proper warnings were issued.
We work with product safety experts, engineers, and medical professionals to build a strong case and demonstrate how the defect caused your injuries. Even when a recall exists, manufacturers may still be held responsible for failing to act quickly or adequately protect consumers.
Our attorneys handle negotiations with manufacturers and insurance companies, fighting for compensation that reflects the full impact of your injuries, including medical expenses, lost income, pain and suffering, and long-term effects.
Contact Gold, Khourey & Turak
If you were injured by a defective product, whether it was part of a recall or not, you may have legal options. Our personal injury attorneys are available 24/7 to review your case and explain your next steps.
Call (304) 845-9750, Live Chat with us online, or complete our online form to schedule a free consultation.
Need help? Get help. Get GKT.
Michelle Marinacci is a partner at Gold, Khourey & Turak and a leading trial attorney in the areas of insurance bad faith, medical malpractice, and personal injury law.
With more than 25 years of experience, Michelle represents individuals and families who have been seriously injured in accidents or unfairly treated by insurance companies that refuse to honor their obligations.
