Can I File a Personal Injury Claim for a Defective Product Even if There Has Been a Recall?

Yes. Even if the product has already been recalled, you’ll still be eligible to pursue a claim as long as you sustained serious injuries as a direct result of using the unmodified product as intended or in a way that was foreseeable. However, when the recall was issued and whether you were informed can have a significant impact on the success of your claim.

In some cases, a product recall can potentially strengthen your claim’s validity. Whether the recall was voluntary or not, both can benefit your case. If the manufacturer voluntarily issued a recall, it may indicate that they were aware that the product had an issue, which you can use as evidence to bolster your claim that the product was indeed defective.

An involuntary recall may also support your claim by demonstrating that an external authority recognized the danger posed by the product and had to take action due to the company’s failure to safeguard consumers. Either way, a recall can not only validate your cause but also externally bolster your legal efforts and increase your chances of receiving maximum compensation.

Although a recall can be vital evidence for your claim, it does not automatically make the manufacturer liable for your injuries. Even if the product is recalled, you still need to establish other facets of your case to secure the compensation you need.

What if I Was Injured After a Recall?

If a company can show you were informed of the recall, or they made adequate efforts to inform consumers who purchased the product of the recall, and you used the product anyway, it could be much harder to bring a successful claim.

These situations can become complicated, which is why it’s likely in your best interest to consult with a defective product lawyer.

What Do I Need to Prove in My Defective Product Claim?

• Defective Product: You must clearly demonstrate that the product was defective in some way. This can include design defects, manufacturing defects or failures to provide adequate warnings or instructions for safe use.

• Injury: You must have suffered injuries or damages as a result of using the defective product. It's crucial to document your injuries by seeking medical treatment as soon as possible and preserving all records of the expenses.

• Causation: You need to establish a direct link between the defective product and your injuries.

• Intended Usage: You must have used the unmodified product as intended or at least in a reasonably foreseeable manner that anyone else would’ve done. If you were using the product in a way that was not intended or warned against, it may complicate your claim. If you altered the product and made it less safe, it could make your claim harder to win.

Do I Need to Prove Negligence?

No. Unlike most personal injury cases, where proving the responsible party was negligent is essential to securing the compensation you need, defective product cases don’t require you to prove negligence. These cases operate on strict liability because companies are responsible for consumer safety regardless of their intent. This means that all you have to show is that you purchased the product, used it as intended and it caused your injury.

How to Strengthen Your Defective Product Claim

Secure any evidence related to the defective product and your injuries.

Comprehensive medical documentation is especially important, as your attorney will reference them when calculating your damages so they can pursue compensation that fully covers your losses.

Also, keep the product itself, photographs and any correspondence with the manufacturer or seller.

Be sure to also research the company and product's history for any prior incidents or safety warnings in addition to recalls, which can further establish the product's defect and the defendant's knowledge of it.

Write down a detailed account of how the defect caused your injuries so that the details don’t fade from your memory. If anyone was present during the incident, make sure you have their contact information. Eyewitness testimony can be invaluable in proving your case.

Hire An Experienced Defective Product Lawyer Who Has Helped Develop Similar Cases

At the Buckeye Law Group, we have fought for the rights of many Ohio clients negatively affected by defective products. Our attorneys will help you navigate the complex legal landscape, gathering straightforward evidence and building a compelling case on your behalf. We are ready to advocate for your right to fair compensation in negotiations and litigation and have the trial experience to take the offending manufacturer, distributor or seller to court if necessary.

Call (216) 343-5710 or visit us online to schedule a free case consultation with one of our defective product lawyers today.