Product recalls represent manufacturers’ acknowledgments that their items pose serious safety risks to consumers, yet many people continue using recalled products without realizing the danger they face. When defective products cause injuries despite being subject to recalls, victims often discover that the path to compensation involves complex legal challenges that require experienced guidance to navigate successfully.
At Hollis Law Firm, we have collected over $100 million in settlements and judgments for our clients, including substantial recoveries in cases involving dangerous prescription drugs and defective medical devices. Our legal team understands how to hold manufacturers accountable when their recalled products cause preventable harm to consumers nationwide.
Understanding Product Recalls
Product recalls occur when manufacturers, government agencies, or regulatory bodies determine that items pose unreasonable safety risks to consumers. These recalls can be voluntary, initiated by companies who discover defects, or mandated by agencies like the Food and Drug Administration or the Consumer Product Safety Commission.
Recalls fall into different classifications based on the severity of potential harm. Class I recalls involve products that could cause serious health consequences or death. Class II recalls cover items that might cause temporary health problems, while Class III recalls address products unlikely to cause adverse health reactions but still violate regulatory standards.
The recall process involves notifying retailers, healthcare providers, and consumers about dangerous products. However, communication gaps often mean that people continue using recalled items long after safety warnings are issued, leading to preventable injuries.
Legal Basis for Recalled Product Claims
Several legal theories allow injured consumers to pursue compensation for recalled product injuries. Product liability law holds manufacturers strictly liable for defective products that cause harm, regardless of whether they exercised reasonable care in design and manufacturing processes.
Negligence claims focus on whether manufacturers failed to exercise reasonable care in designing, manufacturing, testing, or warning consumers about their products. Breach of warranty claims arise when products fail to perform as promised or lack the safety characteristics that consumers reasonably expect.
Manufacturers have legal obligations to warn consumers about known risks associated with their products. Failure to warn claims examine whether companies provided adequate information about potential dangers and proper usage instructions.
Challenges in Recalled Product Cases
Recalled product cases present unique obstacles that distinguish them from typical product liability claims. Manufacturers often argue that recalls demonstrate their commitment to consumer safety, attempting to use recall actions as evidence of responsible corporate behavior rather than admissions of defective products.
Proving causation can be particularly challenging when recalls occur after extended periods of product use. Documentation requirements in these cases can be extensive, requiring careful preservation of evidence, medical records, and product identification information.
Compensation in recalled product cases can include:
- Medical expenses for treating injuries caused by defective products
- Lost wages from time away from work during recovery periods
- Pain and suffering endured due to preventable product-related injuries
- Future medical costs for the ongoing treatment of permanent complications
These various forms of damages help address both immediate and long-term consequences of recalled product injuries.
Building Your Recalled Product Case
Successful recalled product claims require comprehensive evidence gathering that connects your injuries to the specific defective item. This process begins with preserving the recalled product itself, along with any packaging, instructions, or warranty information that came with the purchase.
Medical documentation plays a crucial role in establishing the connection between the recalled product and your injuries. We work with medical professionals to analyze your treatment records and demonstrate how the defective product caused your specific health problems.
Expert testimony from engineers, product safety specialists, and medical professionals helps explain complex technical issues to juries. We also investigate the manufacturer’s knowledge about product defects before the recall occurred to reveal whether companies knew about safety risks before taking action.
Take Action to Protect Your Rights
If you’ve been injured by a recalled product, prompt legal action protects your right to pursue compensation for your preventable injuries. The sooner we can begin investigating your case, the better chance we have of preserving crucial evidence and building a strong foundation for your claim.
At Hollis Law Firm, our unique blend of legal and scientific knowledge allows us to detect dangerous products early and build compelling cases against manufacturers who put profits before consumer safety. We represent clients nationwide in cases involving harmful prescription drugs and defective medical devices, and we’re ready to fight for the compensation you deserve. Don’t let manufacturers escape accountability for recalled products that have harmed you—contact us at (800) 701-3672 or through our contact form to discuss your case today.
