Does a recall affect your product liability claim?
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Does a recall affect your product liability claim?

On Behalf of | Nov 22, 2021 | product liability

A recall is a notification that the manufacturer of an item has determined to be defective. Recalls are often issued when it becomes clear there is a serious safety risk associated with using the product or if there is evidence that releasing the product into commerce may cause injury to consumers. Manufacturers can issue recalls at their discretion.

One question many people have about recalls is whether they affect your right to receive compensation for damages related to injuries caused by defective products before you were aware of the recall. Read on to find out more.

A recall does not automatically make a manufacturer liable

While a recall may be used as evidence of a defect, such evidence does not make the manufacturer automatically responsible in a product liability suit. You must show that the product was defective and that defect caused you harm.

On the other hand, a recall does not absolve the manufacturer of any liability that may arise from the recalled product. Simply put, the manufacturer cannot say that they are not responsible for your injuries since they recalled the defective product in question. For that to happen, they must show that you directly received the notice of a recall and that notice adequately warned you about the dangers posed by the defective product.

Safeguard your legal rights

If a defective product causes you injuries, you may be entitled to compensation. It should cover all the damages you suffered from the defective product, including the pain and suffering brought upon you by the injuries.

Going against large and established manufactures may seem a futile effort, but with proper knowledge of the law, your case stands a chance. As a consumer, various laws protect you, and therefore, you should not be afraid to pursue the justice you deserve.