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Does a product recall prevent injured parties from suing?

On Behalf of | Oct 21, 2023 | Products Liability

People who purchase items ranging from toys and baby products to motor vehicles expect that those products are safe when used as intended. Businesses should employ care during the product development process and have rigorous quality control standards while manufacturing products.

Unfortunately, many businesses cut corners to make more money, which means that unsafe products end up reaching the shelves of retail establishments or even car dealerships. Those hurt by a defective product may discover that the manufacturer had initiated a recall. Does a recall prevent a consumer from pursuing product defect litigation?

Lawsuits are often still an option

Many companies carry special product recall insurance. These policies will pay for the costs associated with orchestrating a recall and paying claims brought by consumers harmed by their products. A lawsuit is often necessary to get compensation through such insurance policies.

A recall does not prevent someone from suing in most cases. If the manufacturer fails to publicize the recall, directly communicate with consumers or handle the recall quickly after notifying consumers, it may still have liability when its defective products cause injuries to people. House fires, vehicle crashes and even electrocution can be the consequence of unsafe products ending up in the possession of consumers.

Companies that do not make recalls a priority may still have liability even after attempting to stop the sale of products or repair damaged products already released. Understanding the regulations that apply to product recalls can help those harmed by defective products hold the appropriate parties accountable. Having experienced legal guidance can increase your chances of obtaining the compensation you deserve.