Products are designed to be used, and people expect to enjoy their benefits. The more convenient a product is, the better. As consumers, you have the right to expect that type of quality for the price you pay. But what happens when the product is defective?
Minor product failures might just mean wasted money. In more serious cases, injuries can occur. It’s important for injured consumers to know how to protect their rights. Whether the problem is due to a design defect or a manufacturing error, knowing your rights can help you find justice after an accident.
Lawsuits after product recalls: Are they possible?
The short answer is yes, consumers can still sue after a recall notice in California. A recall doesn’t automatically protect a company from liability. Here’s what you need to know:
- Timing matters: If injuries happened before the recall notice, you have a stronger case for negligence.
- Following recall instructions: If you ignored the recall notice and kept using the product, it might affect your claim, but it doesn’t automatically prevent you from suing.
- Inadequate recalls: Sometimes, recalls aren’t good enough or aren’t done well. In these cases, the manufacturer may still be held liable.
- Statute of limitations: In California, you generally have two years from the date of your injury to file a product liability lawsuit.
- Proving causation: You’ll need to show that the product defect, not user error, caused your injury.
Companies that make products have a responsibility to ensure their products are safe. Federal regulators require them to issue recalls for dangerous products. For injured consumers, a recall notice doesn’t mean they can’t seek legal help. They may still have legal options, even after a recall.
Pursuing compensation after a product defect injury
Product defects can cause injuries as severe as those affecting bone and tissue, as seen in the recent Igloo cooler recall. In this case, the company recalled more than 1 million Igloo 90-quart coolers because the handle could pinch users’ fingers. People reported fingertip amputations, broken bones and lacerations.
These serious injuries show how important it is to know your consumer rights. If you’ve been seriously injured by a defective product, you may be able to get compensation for:
- Medical expenses, including surgeries and ongoing treatment
- Lost wages because you can’t work
- Pain and suffering
- Possible long-term disability
Remember, you should document everything about your injury and the product defect. If the company asks you to sign any documents releasing them from responsibility, be very careful. Such a document could sign away your right to sue for full and fair compensation.
Take legal action after a recall notice
Yes, you can sue after a recall. But it’s important to remember the details discussed earlier, such as timing, proving the defect caused the injury and the deadline for filing a lawsuit.
If you’re suffering injuries due to a recalled product, consider consulting with an attorney who has experience in product liability lawsuits. They can help you understand your legal options and guide you through the process.
