Can I File a Claim for Injury if a Product Has Already been Recalled?

Recalls happen daily. Medications, vehicles, items for children, consumer electronics, and any number of other useful or needed things top the recall list — but typically only after serious injury or wrongful death has occurred.
Of course, some defective products are recalled well before anyone is hurt, as soon as a potential issue is found, but even these may not be removed from all homes. People continuing to use them without knowledge of their dangers should be entitled to seek compensation for any damages that follow. But can a claim be filed for injury caused by a product that has been recalled?
That depends.
A Closer Look at Recalls
A recall can be issued for nearly any reason. Undisclosed ingredients, faulty parts, poor design, inadequate warnings or instructions, unexpectedly dangerous side-effects, and any other reason a manufacturer may fear their product poses a risk to consumers. Some recalls, such as those for defective vehicles, are typically sent directly to the consumer. Others, like allergens in food, may rely on grocery store records to make telephone contact with people who have purchased the contaminated items. Some recalls are sent only to those who register a product. Others are brought to public attention through news stories and press releases.
As consumers, it is important that we are made aware of recalls impacting products we use. However, getting this information to each person who may have access to a recalled product is not always possible. In these cases, there are steps a manufacturer or corporation should take to ensure recall information is made widely available.
These steps are not always taken. These steps, even when taken, are not always effective.
When a recall is not effectively distributed and injury or death occurs, can the victim or his or her family sue the company responsible for its design, manufacture, and distribution? As with all issues regarding personal injury, that is dependent on multiple factors, many of which may be overlooked when pursuing compensation on your own.
Risk/Benefit Analysis

It is important to know that recalls are often excessively expensive for a company. Both direct and indirect costs will come with a product recall — and these bottom-line concerns are often weighed against the potential risks a defective product may pose.
When dealing with legal issues that may arise from a dangerous product seems less expensive than protecting consumer safety through a recall, some companies opt to wait it out and see what happens. This can lead to delays in a recall, such as what occurred when GM became aware of their defective ignition switches or Takata was made aware of their defective airbags. In both of those cases, multiple lawsuits are now able to use these delays to illustrate a disregard for public safety. But what happens when there isn’t a delay? What happens when a product is recalled before anyone is seriously injured?
Recalls and Legal Protection
A recall is not a shield against liability. When a company designs and manufactures a product that is dangerous or defective, they can often be held liable even after a recall has been issued. However, getting compensation for your injuries is not something that will be made easy.
Corporations have insurance adjusters and legal teams working around the clock to protect them against legal action and to minimize damages once action has been taken. Without a legal team of your own, what protection are you offered against unfair treatment or a complete dismissal of your claim?
You have a right to seek compensation for your injuries, even when a product has been recalled. The success of that effort will depend greatly on who you have in your corner.
Product Liability Attorneys

Your best bet, when injured by a defective product, is to hire a product liability attorney. Your attorney will be able to assess your injury, take a critical look at both your economic and non-economic damages, and help you determine if filing suit is your best option.
If legal action is advisable, your attorney should work to protect you against the predatory practices of insurance companies and defense attorneys, and be willing to take your claim as far as needed to secure the full compensation you deserve.
Choosing an attorney who focuses on product liability and who has a proven history of holding negligent corporations accountable is essential for the success of these cases. When selecting your lawyer, make sure you have complete confidence in his or her abilities and that you feel comfortable working with them for what could be a lengthy trial period.
Can you hold a corporation accountable for injury caused by a recalled product? In many cases yes, but the success of your case is likely dependent on who you have in your corner when the time to take action presents itself.
