If a Defective Product Is Recalled, Can I Still Sue?

 Posted on February 05, 2025 in Product Liability

It almost seems that a new product is recalled every day. From food and medications to hair care products and medical devices, defective products can cause significant harm. Often, manufacturers voluntarily recall products as they become aware of problems. In other cases, the U.S. government can make the recalls mandatory.

How can you find out if a product was recalled? If you are harmed by a defective product that has been recalled, can you still seek compensation? A knowledgeable Aurora, IL product liability lawyer can review your case and help you pursue full compensation.

Which Government Agencies Can Recall Products?

With so many different kinds of products readily available in the U.S., the authority to issue recalls rests with multiple government agencies for the products within their jurisdiction. Some of these agencies are:

• Consumer Product Safety Commission

• Environmental Protection Agency

• National Highway Traffic Safety Administration

• U.S. Coast Guard

• U.S. Department of Agriculture

• U.S. Food and Drug Administration

The official U.S. Recalls.gov website combines recalls from various agencies. Along with the description of the recalled product, details about the specific defect are also included.

Why Are Products Recalled?

If companies learn that one or more consumers were harmed by one of their products, they may investigate. These companies are liable for damages, so they often initiate recalls to protect consumers and limit liability.

Many foods are recalled due to undisclosed allergens that would not necessarily harm anyone without the specific allergy. However, some allergic reactions to foods are fatal. Other foods may be recalled due to contamination.

Defective medical devices can lead to serious injury or death. Several consumer products have been linked to certain kinds of cancer. Many kinds of harm can come from design flaws, inadequate testing, manufacturing defects, and failure to warn consumers about potential risks. If you believe a defective product harmed you, call our office right away.

If the Product That Harmed Me Was Recalled, Can I Still Seek Compensation?

A recall should not affect your eligibility to pursue a claim for your damages. However, you will need to prove that you owned, used, or were exposed to the product and that the product was directly responsible for harming you. As you can imagine, that is easier said than done. That is why you need to select an experienced attorney who knows how these cases work and can maximize the damages you receive.

Contact a Dedicated Kane County, IL Product Liability Lawyer Today

Whether or not a product was recalled, you still deserve compensation for the harm it caused. Contact Kinnally Flaherty Krentz Loran Hodge & Masur P.C. online or call us at 630-907-0909 to arrange a convenient time to discuss your case with one of our determined Aurora, IL personal injury attorneys. Your initial consultation is free of charge.