Can I Still Sue with a Product Recall Notice?

product recall stamp

You may consider pursuing legal action against a negligent product manufacturer, designer, distributor, retailer, or otherwise if you got injured from a product’s defects. However, you may begin second-guessing the validity of your future product liability case if you discover that a recall on the product was issued. Follow along to find out whether you can still sue with the existence of a product recall notice and how a proficient Harris County, Texas personal injury lawyer at White Personal Injury can help consider all possible legal options.

What arguments might the defendant make in my product liability case?

Product manufacturer, designer, distributor, retailer, or otherwise the defendant of your product liability case may use a product recall notice as ammunition for their defense. Without further ado, you must anticipate any of the following arguments being made:

  • The defendant may argue that the specific product unit you purchased was not part of the defective lot.
  • The defendant may argue that your injuries and damages are not directly connected to the defects within the product.
  • The defendant may argue that you continued to use the defective product even after a recall notice was sent out (i.e., contributory negligence).

Can I still sue with the existence of a product recall notice?

You must understand that a product recall notice does not automatically relieve a product manufacturer, designer, distributor, retailer, or otherwise the defendant of your product liability case from liability. This is especially the case if only a broadly issued recall existed, in which there were no efforts to directly inform you of the product’s defects. Therefore, you may still have a chance at a successful case even with the existence of such a notice.

One potential argument that you may make is the failure to warn argument. That is, you may claim that the notice did not offer a sufficient amount of information to adequately caution against the use of the defective product. With this, you may point to the following pieces of missing information:

  • The notice may have been missing the make, model, and lot number of the defective product.
  • The notice may have been missing a clear and concise description of the actual or potential dangers the defective product poses.
  • The notice may have been missing a complete record of the known adverse events, including the number of injuries and deaths.
  • The notice may have been missing clear and concise instructions on what the consumer should do to remain safe (i.e., return the product or throw it away).

In the end, you should not go through these complex legal proceedings alone. Rather, you should have a talented Harris County, Texas personal injury lawyer from White Personal Injury stand by your side throughout. Contact our firm today.

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