Consumers tend to assume that products for sale to the general public are effective and relatively safe. However, not every business invests adequately in research and development before releasing a new product.
Cutting corners related to quality control can also lead to product safety issues. Sometimes, companies discover issues with their products and initiate recalls. People may have already sustained major injuries or financial losses related to a defective product when a recall begins.
Do consumers lose the right to take legal action when companies initiate voluntary recalls?
Litigation is often still possible
The goal of a recall is to prevent consumer injuries and limit a company’s liability. A recall typically does not eliminate product liability for items already acquired by consumers.
Repairing or replacing damaged products can reduce the likelihood of defective products and bad batches causing injuries or worse. A timely and well-executed recall can drastically reduce the likelihood of additional people experiencing product failures that lead to injury and expensive property damage losses.
Still, recalls take months to complete in most cases. They rely on consumers receiving notice in a timely fashion. People who already sustained losses prior to the recall occurring and those who experienced product failure during a recall, possibly due to delays when providing replacements or communicating with consumers, may be able to pursue a product defect lawsuit despite the recall.
Reviewing recall efforts made by the manufacturer and the details of a consumer’s losses with a skilled legal team can help people determine if they can hold manufacturers accountable. Recalls do not automatically eliminate consumer eligibility for personal injury litigation when a defective product causes serious injuries or costly property damage.
