What is a Product Recall & How Does it Relate to Personal Injury Law?

When you purchase a product, you expect it to be safe, reliable, and free from harm. But sometimes, defective or dangerous products end up in the market. This is where product recalls come into play. These recalls are more than just an inconvenience—they’re an essential safety measure.

But how do product recalls tie into personal injury law? That’s what we’ll explore here.

By the end of this post, you’ll understand what a product recall is, what typically triggers one, who’s responsible, and, most importantly, your rights if you’re injured by a massive recall.

What is a Product Recall?

A product recall occurs when a manufacturer or regulatory authority (like the Consumer Product Safety Commission (CPSC) in the U.S.) pulls a product from the market due to safety concerns. This could mean a product poses a risk of injury or even death to its users.

Why Do Recalls Happen?

Here are some common reasons for product recalls:

• Safety hazards: Issues like fire risks, choking hazards, or electrical problems, especially in items like electronics or children’s toys
• Health risks: Contamination of food or products containing toxic substances that can cause allergic reactions
• Manufacturing defects: Mistakes in production, such as faulty parts or incorrect assembly
• Design flaws: Flaws baked into the product from the start, making it inherently unsafe for use

These recalls are important for the safety of end consumers.

In the first half of 2024, there were 1,697 recalls (slightly lower than 1,719 in H1 2023) and 384.2 million defective units.

In the same year, food recalls in the U.S. reached record levels, with approximately 300 recalls leading to nearly 1,400 illnesses, 487 hospitalizations, and 19 deaths. Experts attribute the rise to corporate negligence in food safety, recurring contamination issues, and improved detection tools—with some concerned about the growing risks in quality assurance and FDA staffing issues.

Here are more industry-specific highlights: Automotive: 5 million vehicles recalled Consumer Products: Defective units rose 67.3%, from 23.4 million in Q1 to 39.1 million in Q2. Medical Devices: Defective units surged 267.3% to 196.2 million. Pharmaceuticals: Defective units dropped 51.2% to 4.5 million, among the lowest in 19 years.

All these staggering figures highlight how widespread product recalls across different industries are—and the importance of knowing precautionary measures, precisely the general steps on what customers must do in the unfortunate case of owning products under a recall notice.

What Triggers a Product Recall?

What exactly has to happen for a product to be recalled? It boils down to three primary triggers:

1. Safety Hazards

When using the product could result in physical harm, manufacturers are obligated to act. Here are some examples:

• Fire hazards: Overheating phone batteries.
• Choking hazards: Small detachable parts in children’s toys.

2. Health Risks

Concern over public health often leads to recalls, such as:

• Contamination: Foods containing harmful bacteria like salmonella
• Toxic ingredients: Chemicals in cosmetic products that cause allergic reactions

3. Manufacturing or Design Defects

Even non-consumable products are at risk when manufacturing or design issues result in unsafe conditions:

• Manufacturing defects: Faulty airbags in vehicles
• Design flaws: A poorly designed stroller that tips over too easily

Who is Responsible for Recalls?

When a defective or unsafe product needs to be taken off the market, who’s responsible for making that happen? Several parties may share responsibility:

Manufacturers

Manufacturers are often the first to identify defects, and they’re obligated to take swift action to recall the product when problems arise.

Distributors and Retailers

Distributors and retailers play a role by notifying buyers of recalled products in their inventory. Their job is to stop the sale of hazardous goods.

Government Agencies

U.S. government bodies like the Consumer Product Safety Commission (CPSC), Food and Drug Administration (FDA), and the National Highway Traffic Safety Administration (NHTSA) often oversee recalls and enforce compliance regulations to protect public safety.

The Role of Product Recalls in Personal Injury Law

If you’ve been injured because of a defective product (recalled or not), there’s a legal concept that applies—product liability. Recalls often become a key piece of evidence in product liability cases.

1. Evidence of a Defect

A recall demonstrates that a defect exists in the product, strengthening your claim.

2. Manufacturer Awareness

When a product is recalled, it proves the manufacturer was aware of the product’s dangers, which could support arguments of negligence.

3. Increased Scrutiny

Recalls often bring regulatory attention, which can shine a light on a company’s failure to create a safe product or act on known defects.

If you’re injured by a recalled product, you have the right to seek compensation for damages like medical expenses, lost wages, and pain and suffering. Reach out to our team of personal injury lawyers; we can assist you in this delicate time and navigate the less-than-straightforward process of personal injury law and product recalls.

What to Do if You Have a Recalled Product

If you learn one of your products has been recalled, here are the things you can do:

1. Stop using the product immediately: Don’t take any risks with a potentially hazardous item.
2. Contact the manufacturer or retailer: Follow their guidelines for returning or disposing of the product safely.
3. Check the remedies offered: Most recalls include remedies such as refunds, repairs, or replacements.

The CPSC offers a searchable database of recalled products where you can stay up to date on ongoing recalls through the SaferProducts website. You can also file a complaint and report unsafe products in this page.

What to Do if You Were Injured by a Recalled Product

If you’ve been injured by a product that was later recalled, here are the following steps to protect your rights:

1. Seek medical attention. Your health comes first. Make sure to request and keep medical reports and other documents provided by your healthcare provider.
2. Document the incident. Take photos of the product, your injuries, and/or the accident scene.
3. Gather evidence. Collect medical bills, receipts, and any communication with the manufacturer.
4. Contact a personal injury attorney. An experienced product liability attorney can help you build a strong case and seek compensation.

Get the Compensation You Deserve with Frantz Law Group

At Frantz Law Group, we understand how devastating it can be to suffer an injury caused by a defective product. You shouldn’t have to bear the financial, physical, and emotional costs on your own.

With decades of experience in product liability law, we’ve successfully helped injury victims get the compensation they deserve. If a defective product has harmed you or a loved one, don’t wait.

Contact us today for a free consultation and take the first step toward justice.