If you own a vehicle, you’ve likely had the experience of receiving a recall notice in the mail informing you that some component of your car needs to be repaired or replaced due to a defect. What happens if that defect has already caused you harm?
While there is a relationship between a product recall and product liability (the legal principle that companies are responsible for designing, manufacturing, marketing, and selling products that are safe when used properly), just because a product has been recalled doesn’t automatically make the manufacturer liable for your injury.
How Recalls Can Affect Product Liability Cases
A product recall can play an important role in a product liability claim, but its effect depends on the facts of the case. In some situations, a recall helps show that a product had a safety problem. In others, the manufacturer may point to the recall as proof that it acted reasonably once the issue came to light.
How a Recall Can Strengthen a Case
A recall can help support a product liability claim because it may serve as evidence that the product was defective or unreasonably dangerous. If a manufacturer, distributor, or government agency identifies a problem serious enough to justify a recall, that can help show that the issue was real rather than speculative. A recall may also help establish that the company knew, or should have known, about the defect. Depending on the timing, it could raise questions about whether the manufacturer acted quickly enough to warn consumers or remove the product from the market.
How Manufacturers May Use Recalls in Defense
Manufacturers may also use a recall as part of their defense. A company may argue that the recall shows it took responsible steps to address the problem, warn the public, and reduce the risk of further harm. It may also claim that the injured person ignored a recall notice or failed to obtain a recommended repair.
Wisconsin Product Liability Standards
Wisconsin defective product lawsuits require proof that a product was defective and that the defect caused the injury. While a recall may support that argument, it doesn’t replace the need to prove causation and harm.
Does a Recall Automatically Mean You Have a Case?
The mere fact of a product recall doesn’t automatically give you a valid product liability claim. You still have to show that the recalled product caused your injury and that you suffered actual harm as a result. In some cases, a recall involves a risk that never caused an injury, or the product may have been misused, altered, or repaired before the incident. The good news is that, whether you were injured before or after a recall, you may have legal options.
Speak With a Green Bay Product Liability Lawyer
If a defective product you used caused you harm, you may have a valid claim against its manufacturer or another party in the supply chain, even if the manufacturer has issued a recall. Schwaba Law Firm can review the facts and help you understand your options for pursuing justice and compensation through a product liability claim or defective product lawsuit.
Contact our office today to get started with a free, no-obligation, fully confidential initial consultation.
