Can I File A Product Liability Claim For A Recalled Product?

Posted on: 20 December 2021

Products are recalled all the time by the companies that manufacture the products or by government agencies. If you are injured by a product that was recalled, the recall can affect the liability of the company. However, it doesn't automatically mean that the company is at fault.

Your Right to Compensation

When you are injured by a product, you have the right to compensation under strict liability laws. However, there are still several things you will need to accomplish to be able to hold another party responsible for your injuries caused by a defective product. The evidence you need will come from your trips to the doctor and the product itself.

What You Must Prove

You will need to show that there was a flaw in the packaging, design, or manufacturing of the product to be able to prove that the company that created it is at fault.

You must show that the product caused you to become injured and that this caused measurable damages such as lost wages and medical expenses. The product will need to have been used in a manner that was intended and you must not have been doing something with the product that you were explicitly warned to not do.

One of the challenges of a product liability case is that you will need to gather all the medical records that can prove that you suffered the injuries that you claim you suffered. This includes:

  • Medical reports
  • Doctor's notes
  • Doctor restrictions

A personal injury attorney will help you with gathering all of this evidence and will also help you identify any witnesses who might have observed the accident. While researching the product, they might also discover that the product has a history of causing injuries or that it was even recalled.

How the Recall Affects Your Product Liability Claim

While a product recall is not an automatic admission of guilt, it is evidence that the product was defective. When you are injured by a product, you must prove that you did not break or misuse the product. A product recall can make it easier to do this.

Also, you will need to be notified that the product was recalled. If the company was incompetent when informing customers about the effective product and when issuing the recall, they might be held further responsible for your injuries. Then, you may be able to negotiate a settlement.

For more information, contact a personal injury lawyer near you.