Product Liability Attorney: Defective Product Lawsuits and Recall Claims

When a product fails and causes injury, the law can hold manufacturers and sellers accountable. A product liability attorney helps you prove the product was defective, link the defect to your injuries, and pursue compensation through lawsuits or recall-related claims. This guide explains the types of defects, how recalls affect your rights, what evidence matters, deadlines, and how an attorney can strengthen your case. This is general information, not legal advice—speak with a licensed attorney about your specific situation.

What Is Product Liability?

Product liability is the area of law that holds companies in the product’s supply chain responsible for injuries caused by defective products. Defects generally fall into three categories:

• Design defects: The product is unreasonably dangerous as designed (e.g., an SUV prone to rollovers).
• Manufacturing defects: A particular unit deviated from the intended design (e.g., a cracked metal component).
• Failure to warn/inadequate instructions: Missing or unclear warnings about non-obvious risks or safe use.

There are several legal theories that may apply, sometimes together:

• Strict liability (simple): If a product was defective and hurt you, the maker can be liable even if they weren’t “careless.”
• Strict liability (detailed): You must prove a defect existed when the product left the seller’s control, the product was used in a reasonably foreseeable way, and the defect was a substantial factor causing your injury.

Who Can Be Held Responsible?

Any entity in the chain of distribution may be liable:

• Manufacturers and component suppliers
• Distributors and wholesalers
• Retailers (including big-box stores and local shops)
• Online marketplaces, depending on the jurisdiction and specific facts

Liability rules for marketplaces and third-party sellers are evolving and vary by state. An attorney can identify all proper defendants and insurance policies early.

Common Defective Product Examples

• Vehicles and parts: Airbags, brakes, fuel systems, accelerators
• Home appliances/electronics: Heaters, e-bikes/e-scooters, chargers, lithium-ion batteries
• Children’s products: Toys, cribs, strollers, sleep products
• Tools and equipment: Saws, ladders, yard machines
• Medical products: Prescription drugs, medical devices, implants
• Household chemicals: Cleaners, pesticides, adhesives

Recalls and Recall Claims

A recall is a corrective action—often coordinated with agencies like CPSC (consumer goods), NHTSA (vehicles), or FDA (drugs/devices)—to warn consumers, repair, replace, or refund unsafe products. Recalls can be voluntary or mandatory.

• Do you need a recall to sue? No. You can bring a product liability claim without a recall.
• Does a recall guarantee compensation? No. A recall can be strong evidence of a safety issue, but you still must prove defect, causation, and damages.
• Recall remedies vs. injury claims: Manufacturer recall remedies (repair/replace/refund) are separate from personal injury damages. You may pursue both; consult counsel before accepting any recall relief that requires waivers.

Tip: Keep all recall notices and communications, but don’t return or alter the product before an attorney inspects it unless safety requires it.

What To Do After a Suspected Product Injury

1. Get medical care and follow all treatment plans; your records link the injury to the incident.
2. Preserve the product in its current condition, plus packaging, manuals, receipts, barcodes, and accessories.
3. Photograph the product, scene, injuries, and any warning labels or settings.
4. Document when/where you bought it, how you used it, and any prior malfunctions.
5. Secure witnesses and contact info; save emails/chats with the seller or manufacturer.
6. Avoid posting on social media about the incident.
7. Consult a product liability attorney promptly to prevent evidence spoliation and protect deadlines.

If the product is dangerous, store it safely; do not “test” it further.

Proving Your Case: Evidence and Experts

You generally must show (1) a defect, (2) causation, and (3) damages. Strong cases rely on:

• Physical evidence: The product itself (critical), packaging, and purchase records.
• Technical analysis: Engineering tests, failure analysis, human factors assessments, and exemplar comparisons.
• Company documents: Prior complaints, testing, design changes, and warnings.
• Medical proof: Records tying injuries to the defect; future care costs.
• Expert testimony: Engineers, warnings experts, economists, and medical experts.

An attorney may send preservation letters to prevent destruction of company records and coordinate forensic testing under protocols to maintain admissibility.

Damages You Can Recover

• Economic: Medical bills, rehabilitation, lost wages, diminished earning capacity, out-of-pocket costs.
• Non-economic: Pain and suffering, loss of enjoyment, disfigurement, emotional distress.
• Punitive damages: In rare cases of egregious conduct to punish and deter.
• Wrongful death: Funeral costs, loss of support/consortium, and other state-specific remedies.

Your state’s laws cap and define damages differently; a local attorney can estimate case value.

Lawsuits, Class Actions, and Deadlines

Some product cases proceed as:

• Individual lawsuits: Tailored to your injuries and damages.
• Mass torts/MDLs: Many individual cases centralized for efficiency.
• Class actions: Typically for economic loss or uniform small-dollar claims, not severe personal injuries.

Time limits matter:

• Statutes of limitations: Often 1–4 years from injury or discovery, varying by state and claim type.
• Statutes of repose: Hard deadlines measured from the product’s sale/manufacture, regardless of discovery.
• Statute of repose (simple): A final “cut-off” date that can bar claims even if you didn’t know of the defect.
• Statute of repose (detailed): An absolute limit (e.g., 10–12 years in some states) tied to when the product entered the market; exceptions vary.

Act quickly to avoid missing deadlines.

How a Product Liability Attorney Helps

• Case screening: Assess defect theories and viable defendants.
• Evidence preservation: Secure the product and send legal hold notices.
• Expert network: Engage engineering, human factors, and medical experts.
• Recall navigation: Coordinate recall remedies without waiving injury claims.
• Insurance and negotiation: Handle adjusters, subrogation, and settlement talks.
• Litigation: File suit, conduct discovery, motion practice, trial, and appeal if necessary.
• No upfront fees: Many work on a contingency fee—no fee unless they recover for you.

FAQs

• Do I have a case if the product was recalled? A recall helps but isn’t required; you still must prove the defect caused your injuries.
• What if I didn’t keep the receipt? It’s helpful but not fatal. Bank statements, emails, serial numbers, or retailer records can fill gaps.
• Can I recover if I used the product “wrong”? Maybe. If your use was reasonably foreseeable, liability can still attach. Intentional misuse or substantial alteration can be a defense.
• How long will my case take? Many resolve in 9–24 months; complex cases can take longer, especially if they involve severe injuries, multiple defendants, or MDL coordination.
• Should I send the product back for a recall repair? Not before consulting an attorney. Returning or altering the product can destroy key evidence.

Summary: Product liability claims arise when a defect in design, manufacturing, or warnings causes injury. Recalls can support—but don’t guarantee—compensation. Preserve the product, document everything, act before deadlines, and work with a product liability attorney who can marshal experts, navigate recalls, and pursue the full measure of your damages.