Do recalls affect the rights of those hurt by defective products?

Consumers usually expect that products work the way that manufacturers claim they do and that they are reasonably safe to use. This assumption is often especially strong when it comes to health products and items intended for children or babies, given the stakes of defect-related harm in vulnerable populations.

However, the motive to maximize profit when releasing products can lead to companies turning out dangerous items for public consumption. Perhaps they failed to properly analyze the design of a product before manufacturing it, and it ends up failing consistently in consumer homes. Perhaps a company scales up production and diminishes quality control testing. A company may have changed to a new supplier and received low-quality materials that are unsafe or brittle. Any of these scenarios could lead to consumers ending up injured because of a defective product. And when harm occurs, a recall may be initiated.

Recalls limit but do not eliminate liability

There are both voluntary and involuntary products that occur in the United States. Sometimes, government agencies force businesses to recall products that have turned out to be unsafe for consumers. Other times, businesses identify an issue with the product or a specific production patch and initiate a voluntary recall in the hopes of preventing consumer injuries.

There are different recall requirements for general consumer goods and for foods and health products. Provided that a company follows the right procedure for a product recall, it can significantly reduce its liability for consumer injuries. A proper recall typically involves communication with the public, including anyone who has registered as an owner of a defective product. Providing notice to government agencies and retailers is also important.

Thorough recalls should involve a solution, such as presenting the item for repair, replacement or refund. However, many companies don’t properly publicize recalls or notify consumers. They may also fail to locate enough resources to make repairs or manufacture replacement products in a timely manner. When issues with the recall process mean that consumers are not aware of a dangerous product in their homes, they may still have grounds to pursue a claim against the manufacturer. However, companies may have some protection from liability in cases where consumers ignored notice of a recall or did something obviously unsafe and inappropriate with a product.

Learning about a recall after someone gets hurt might feel frustrating, as people often rush to the conclusion that they have no rights in the wake of this acknowledgement. However, they may still be able to pursue either an insurance claim or a civil lawsuit successfully. Understanding how a recall might affect consumer rights can benefit those who unknowingly purchased a dangerous or defective product and suffered harm as a result. Seeking legal guidance can provide clarity in this regard.