The Impact of a Recall on Product Liability

November 2022

Manufacturers recall defective products through the prompting of the government or at their own choice.  However, this does not amount to an automatic admission of product liability.  Many courts will allow the evidence of a recall to reach the jury to assist with a finding that the product was defective.  Even with a recall, the plaintiff must still establish the legal elements of a prodcut liability claim.

On the other hand, the fact that the product was recalled does not mean that the manufacturer gets a pass on liability.  The manufacturer may have to show that the consumer directly received the notice and the notice was adequate and the consumer continued to use the product.   A broad recall that is not specific to consumers using the product will seldom help the manufacturer.

If you have been injured by a product, take the time to contact a personal injury attorney.  At Herrick & Hart, we have been on the side of the injured since 1951.  We have attorneys who specialize in the area of personal injury law.  We offer a free consulation on personal injury cases.