When you’ve been hurt by a defective product, things can get complicated—especially when a product recall enters the picture. If you’re wondering how product recalls impact personal injury claims, the answer depends on the timing of the recall, the details of your injury, and how the product was used.
In this blog, we’ll break it down in simple terms so you know what to expect in personal injury cases involving recalled items.
What Is a Product Recall?
A product recall happens when a manufacturer or government agency (like the Consumer Product Safety Commission) pulls a product from the market due to safety concerns. This usually means the item could cause injury or even death. Common recalls involve cars, appliances, electronics, medications, toys, or tools.
When a product is recalled, it doesn’t automatically mean you’re owed compensation—but it can support your personal injury case if you were harmed by that product.
The Recall’s Role in a Personal Injury Case
If you’ve been injured by a defective product, and it’s later recalled, that recall can serve as strong evidence in your case. It may show that the company knew—or should have known—the product was unsafe. This can make it easier to prove negligence.
However, the recall can also work against you in some situations. For example, if the recall was announced before your injury and you didn’t follow the instructions (such as returning or fixing the product), the defense may argue that you ignored the warning. That could reduce the amount of compensation you receive—or in some cases, cause you to lose the case altogether.
Types of Damages You May Recover
If your personal injury case is successful, you may be able to recover:
- Medical Bills (Past & Future)
- Lost Wages
- Pain & Suffering
- Property Damage
- Emotional Distress
The recall doesn’t guarantee these outcomes, but it can help prove the product was dangerous, which is often the hardest part of these cases.
Why You Need a Lawyer for Recalled Product Cases
Product liability claims can get complex fast. Multiple parties could be responsible, including the manufacturer, designer, or seller. And when a product has been recalled, the legal arguments become even more technical.
An experienced personal injury lawyer knows how to handle these details, gather the right evidence, and work with expert witnesses. Whether the recall helps or hurts your claim, a skilled attorney can guide you through every step.
They can also ensure important deadlines are met and help protect you from tactics used by insurance companies or large corporations trying to avoid responsibility. Having strong legal support can make all the difference in the outcome of your case.
Trust Grabb & Durando With Your Product-Related Injury Case
At Grabb & Durando, we understand how product recalls impact personal injury claims—and we know how to use that knowledge to your advantage. If you’ve been hurt by a dangerous or defective product, don’t face the legal process alone. Let our team stand up for your rights and fight for the compensation you deserve.
