Do Recalls Affect Your Product Liability Claim?

When you have been affected by a defective product, you might think that a recall on that product has your case made. After all, doesn’t that serve as proof that the company agrees that their product is defective? Not exactly.

While a recall can serve as useful evidence in your case, it is still up to you and your personal injury attorney to prove that your injuries were caused by a defective product in the first place. Manufacturers will recall products on their own or by the urging of the government. However, this does not always mean that they are ready to admit fault in any injuries their products have caused.

What Is Product Liability?

When an individual is harmed by a product they have purchased or used, they may pursue a lawsuit with the manufacturer, seller, or distributer to cover their injuries and related expenses. This is product liability, and the claim can be based on a few different arguments:

• Defective Design – The injured party may claim that the design of the product is defective, which makes the product dangerous to use. This argument must be backed by proof that the design is what led to their injuries when using the product.

• Manufacture Errors – The injured party may also claim that the product was manufactured incorrectly based on the intended design and that it is this manufacturing defect that caused the injuries in question.

• Failure To Warn Of Risks – An injured party may also claim that the manufacturer, seller, or distributor of the product failed to warn customers of certain risks associated with the product.

Essentially, one or more of these arguments will need to be used as the basis of your product liability case, regardless of product recall.

What Is A Recall?

When a manufacturer is made aware of a product defect, whether by their own learning or by a notification from a government agency, they will issue a recall. This means a notice will be sent to all distributors, sellers, and buyers to alert them of the potential defect and inform them that the product has been recalled.

Notices will be sent to the media and covered by local news stations. Those will be published in trade journals, and they will often be spread across social media platforms as well in order to reach as many potentially affected individuals as possible. Individuals with the product will then return their products either for a replacement or for a refund covering their product purchase.

Recalls may be considered voluntary if the product defect does not pose a safety risk and doesn’t greatly impact the use of the product. All relevant information about the defect will typically be outlined in the recall notices.

Manufacturer Recalls Do Not Automatically Establish Liability

When a manufacturer issues a recall on a product, it is natural to assume this would admit fault or responsibility in a product liability situation, but that is not the case. Most courts in Florida will allow recall information to be brought to the case as evidence, but an injured individual must still prove that their injury falls under one of the three product liability case arguments. Photos of the product, photos of injuries, and witness testimonies will still be required to prove your case.

If you have been injured by a defective product in Florida, having a skilled personal injury attorney in your corner can ensure that your case has the best possible odds. Contact us at today to see what our personal injury team can do for you and your case.

Video FAQ:


Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.


Law Offices Near You

Sarasota Office



2822 University Parkway Sarasota Florida 34243

Bradenton Office



1215 Manatee Ave West Bradenton Florida 34205

St. Petersburg Office

St. Petersburg


6446 Central Avenue St. Petersburg Florida 33707

Lakewood Ranch Office



9040 Town Center Pkwy, Lakewood Ranch Florida 34202

Venice Office



3986 S. Tamiami Trail Venice Florida 34293

Englewood Office



2960 S. McCall Rd Englewood Florida 34224

Punta Gorda Office

Punta Gorda


122 Nesbit St, Suite 113, Punta Gorda Florida 33950

Port Charlotte Office

Port Charlotte


3986 Tamiami Trail Port Charlotte Florida 33952

Arcadia Office



10 South DeSoto Avenue Arcadia Florida 34266

Fort Myers Office

Fort Myers


8359 Beacon Blvd Fort Myers Florida 33907

Lakeland Office



5137 S. Lakeland Dr. Lakeland Florida 33813

Get personal attention from a lawyer with decades of experience.