Who is Liable for Injuries Related to Active Product Recalls?

A defective product can cause devastating injuries. When a recall is issued for a dangerous product, some consumers may assume that the recall automatically confirms liability. However, a recall does not immediately mean a company is responsible for an injury—just as it does not absolve them of liability. Understanding how recalls impact product liability claims in New York is critical to securing the compensation you deserve after an injury.

Does a Recall Create Liability?

A recall does not automatically make a company or manufacturer liable for injuries caused by a defective product. While a recall can serve as evidence that a product was dangerous, it does not prove that a manufacturer, distributor, or retailer was negligent. Similarly, issuing a recall does not release a company from responsibility if someone is hurt.

Some manufacturers try to use a recall to shift blame, arguing that consumers were notified of the defect and failed to take action. But not everyone affected by a recall receives direct notice, and even those who do may not have reasonable alternatives. A recall may support a claim but does not eliminate the need to prove that a product defect directly caused an injury.

Leveraging a Recall in Your Product Liability Case

Companies issuing recalls often attempt to avoid liability by arguing that an injured party ignored warnings and continued to use a recalled product. While this defense might seem strong, it does not always hold up under scrutiny. Several factors influence whether a recall meaningfully reduces a company’s liability.

One of the most important considerations is how clearly and publicly the recall was communicated. Many companies send recall notices through channels that don’t reach all consumers, meaning an injured party may never have been aware of the recall. Additionally, the length of time a recall has been active plays a role. If a recall was issued recently and information about it was not widely available, it is unreasonable to expect that a consumer could have responded in time to prevent an injury. Lastly, even if someone was aware of the recall, they may not have had an immediate or practical alternative for replacing the defective product. When these factors come into play, a recall is not a get-out-of-liability-free card for a manufacturer.

Proving Your Product Liability Claim

Winning a product liability case requires clear evidence. You must prove that the product had a defect that made it unreasonably dangerous, that you used the product as intended, that the defect directly caused your injury, and that you suffered damages as a result. Product liability claims fall into three categories: design defects, manufacturing defects, and failure to warn (marketing defects). Compensation may cover medical expenses, lost wages, pain and suffering, and other losses stemming from your injury.

Get the Compensation You Deserve for Faulty Products in New York

A recalled product does not eliminate a company’s responsibility when injuries occur. If you were hurt by a defective product in New York, you may be entitled to compensation. Silberstein & Miklos, P.C. has recovered over a billion dollars for our clients by aggressively pursuing justice—even in cases other firms won’t take. Contact us online or dial 1-877-ASK4SAM to schedule a consultation for your product liability case and find out how we can help you fight for the compensation you deserve.