Beyond The Recall: Why A Product Recall Doesn’t End A Company’s Responsibility
Folks tend to think that once a product gets recalled, that’s it–problem solved. The company will admit something was wrong, a notice goes out, and the shelves get cleared. But if you’re someone who got hurt by a dangerous or defective product, a recall isn’t the resolution you’re looking for.
It’s important to note that a recall doesn’t undo anything. It doesn’t erase the damage that the defective product caused. It definitely doesn’t let the company off the hook. If anything, it confirms what should have been acknowledged earlier: the product was dangerous in the first place.
Recalls happen when something’s been proven to pose an unreasonable risk. It could be anything. A blender, a toy, a crib, a medical device, even a car. Sometimes companies pull the product voluntarily. Other times, the government steps in and forces them to recall their product. Either way, the fact remains: people were using something they thought was safe. But it wasn’t.
In Florida, if you’re injured by that kind of failure, the law allows you to hold the manufacturer, the distributor, and the retailer accountable. The recall doesn’t make them immune to lawsuits.
A recall is not a free pass
A lot of folks are under the impression that once a product gets recalled, that’s it–the company is in the clear. They admitted there was a problem, sent out a warning, and now it’s all squared away. Honestly, that’s not how it works.
If anything, the recall can be used to prove that the product was defective. Sure, manufacturers might try to spin it (by calling it precautionary) or say that the risk of injury is low. Legally, that’s not what matters. What matters is whether the product was unsafe when it was used the way it was meant to be used.
And if someone got hurt before the recall, they can absolutely still file a claim. But the same goes for injuries that occurred after the recall as well. You’d be surprised how many people never even hear about the recall. Notices get missed, emails get buried, and sometimes people don’t even realize the product they’re using is the same one being recalled. Especially when items get passed down, bought second-hand, or installed by someone else.
Your rights after an injury involving a recalled product
If you or someone you care about was hurt by a defective product, the fact that it’s been recalled doesn’t take away your right to seek compensation. That part doesn’t change. You can still pursue help for what you’ve been through and what you might still be dealing with.
This could mean coverage for medical bills, both already incurred and likely to be incurred in the future. It can also include income that you’ve lost due to not being able to do your job. And then there’s pain and suffering damages as well. So does any damage to your property.
One thing that is important: try to hold on to anything connected to the product. Don’t throw it away, even if it’s broken. Keep the parts. Take photos. Save the packaging, the manual, and any receipts if you’ve got them. All of this can help show where the product was purchased, how it was used, and whether the defect was already there when things went wrong.
Talk to a Florida Product Liability Attorney Today
Halpern, Santos & Pinkert represent the interests of Florida residents who have been injured by a dangerous or defective product. Call our Florida personal injury lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
