Recalls and Product Liability Can You Still Sue After a Recall

When a product is recalled, many consumers assume that their right to take legal action is gone. They may believe that a recall automatically protects a manufacturer from being sued. In reality, this is far from the truth. A recall can actually serve as evidence that a product was defective, which can strengthen a personal injury claim. Understanding how recalls and product liability intersect is essential for anyone who has been hurt by a dangerous or defective product in Michigan.

What a Product Recall Means

A recall occurs when a product is found to be unsafe or defective after it has already reached consumers. Recalls may involve anything from automobiles and appliances to food, medical devices, or children’s toys. The purpose of a recall is to remove the dangerous product from the market and prevent additional injuries.

Recalls can be initiated voluntarily by the manufacturer or mandated by a government agency such as the U.S. Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), or the National Highway Traffic Safety Administration (NHTSA). In either case, the recall process usually includes notifying the public, offering a repair or replacement, and sometimes providing a refund.

While a recall demonstrates that action is being taken to address a defect, it does not erase the harm caused before the recall was issued. Manufacturers still have a legal duty to design, produce, and market products that are safe for consumers.

Can You File a Lawsuit After a Recall?

Yes, you can still sue after a recall. A recall does not automatically shield a company from liability. If you suffered injuries or losses caused by the defective product—whether before or after the recall—you may have a valid claim under Michigan product liability law.

A recall can actually strengthen your case. It often serves as evidence that the manufacturer knew or should have known about the defect. However, it is important to note that the existence of a recall does not guarantee success in a lawsuit. You will still need to prove that the product’s defect caused your injury and that you were using it as intended.

Types of Product Defects That May Lead to Liability

In Michigan, product liability claims generally fall into three categories:

• Design defects occur when a product is inherently unsafe due to its design, even when it is properly manufactured. For example, a vehicle design that makes it prone to rollovers would qualify as a design defect.
   
• Manufacturing defects arise when a mistake occurs during production. If one batch of an otherwise safe product contains a flaw that makes it dangerous, this could lead to a manufacturing defect claim.
   
• Marketing defects (also known as failure to warn) involve inadequate warnings or instructions about a product’s risks. If a company fails to include proper safety information, it can be held responsible for resulting injuries.

A recall may involve one or more of these defect types. When you file a claim, identifying which category your case falls into helps establish who is responsible and how the defect led to your injury.

Timing Matters in Product Liability Cases

Michigan has strict time limits for filing a product liability lawsuit. Generally, you must file your claim within three years of the date of injury. This rule applies even if a recall happens after your injury occurred.

It is important to act quickly once you realize a defective product caused your harm. Evidence such as the defective item itself, medical records, and recall notices can play a major role in proving your case. If you wait too long, key evidence may be lost, and your right to compensation could expire.

The Role of a Recall in Proving Negligence

While a recall does not automatically mean a manufacturer is legally liable, it can be used as supporting evidence. A recall indicates that the company or a government agency identified a safety issue serious enough to warrant public notice.

Your attorney can use recall information to show that:

• The manufacturer was aware of the defect or should have been aware of it.
   
• The defect existed when the product left the manufacturer’s control.
   
• The company did not take adequate steps to prevent harm before issuing the recall.

For instance, if a vehicle was recalled for brake failure and you were injured in a crash caused by that exact issue before the recall notice reached you, the recall can support your claim that the brakes were defective.

What Happens If You Used the Product After the Recall?

If you continued using the product after a recall was announced, your ability to file a lawsuit might depend on the circumstances. Manufacturers are required to make reasonable efforts to notify consumers of recalls, but not everyone receives these notices in time.

If you were unaware of the recall and were injured as a result, you may still have a valid claim. However, if you knew about the recall and chose to ignore it, the defense might argue that you assumed the risk. Even in such situations, it’s best to discuss the specifics with a lawyer, as each case is unique.

Compensation Available in Product Liability Cases

If your case is successful, you may be entitled to compensation for both economic and non-economic losses. These can include:

• Medical expenses for treatment and rehabilitation
   
• Lost income and future earning potential
   
• Pain and suffering
   
• Emotional distress
   
• Property damage

In rare cases where a manufacturer’s actions were especially reckless or intentional, punitive damages may also be awarded. These are meant to punish wrongdoing and discourage similar conduct in the future.

Steps to Take If You Are Injured by a Recalled Product

If you suspect that a defective or recalled product caused your injury, the following steps can help protect your rights:

1. Stop using the product immediately. Preserve it in its current condition as evidence.
    
2. Seek medical attention. Document your injuries and follow through with recommended treatment.
    
3. Gather documentation. Keep receipts, product packaging, recall notices, and any correspondence with the manufacturer.
    
4. Avoid returning or repairing the product. Doing so could destroy valuable evidence.
    
5. Contact an experienced personal injury attorney. A lawyer can evaluate your claim, investigate the defect, and determine the best legal strategy.

Why Legal Representation Matters

Product liability cases can be complex, especially when recalls are involved. Manufacturers and insurance companies often have extensive resources to defend against claims. Proving that a defect caused your injury requires technical knowledge, expert testimony, and a thorough understanding of Michigan’s product liability laws.

An attorney can help you gather evidence, negotiate with insurance companies, and represent you in court if necessary. They can also assess whether other parties, such as distributors or retailers, may share responsibility for your injuries.

Protecting Consumers and Holding Manufacturers Accountable

Recalls play an important role in consumer safety, but they do not erase the harm caused by dangerous products. When a company fails to identify risks early or neglects to warn consumers, the consequences can be severe. Pursuing legal action not only helps you recover compensation—it also encourages higher safety standards across industries.

Protect Your Rights After a Product Recall

If you have been injured by a product that was later recalled, you still have legal options in Michigan. You may be entitled to compensation for medical expenses, lost wages, and other damages resulting from the injury. The team at Smith & Johnson can help you understand your rights, evaluate your case, and guide you through every step of the legal process.

A recall does not absolve manufacturers of responsibility for the harm caused by their products. Acting promptly to pursue a claim ensures that your voice is heard and that you have the best chance of securing the compensation you deserve. Contact Smith & Johnson today to protect your rights and take the first step toward justice.