Products may be defective due to improper design or mistakes during manufacturing. Issues with products may only come to light after consumers begin returning defective products or reporting injuries caused by product failures.
In some cases, businesses initiate voluntary recalls when they learn about design concerns or a defective batch of a popular product. In more serious cases, consumer safety organizations may mandate a recall. Once the recall is underway, consumers may have the option of returning products for a refund or having repairs made to address the defect. Does a recall protect a manufacturer from liability when products cause injuries or property damage?
Liability does not end with a recall
Product recalls can help businesses minimize liability for defective products. Recalls do not completely protect businesses from defect-related litigation.
In some cases, delays during the recall process can lead to consumers being unaware of the recall or unable to have repairs made promptly. Other times, consumers may have already sustained significant losses before a manufacturer initiates the recall. In either scenario, consumers may still have the option of filing a product defect lawsuit against the manufacturer.
Litigation can lead to compensation that covers medical expenses, lost income and property damage costs. Consumers hurt by products that were unsafe can hold manufacturers accountable, especially when recall efforts were slow or the company failed to communicate with consumers.
Reviewing the defect and the damages it caused, as well as the information about the recall, can help consumers understand their options. A product defect lawsuit is often still an option even after a manufacturer’s recall.