Can I Sue a Manufacturer for Damages After a Product Recall?

 Posted on May 06, 2024 in Defective Products

If you have been injured by a defective product in Illinois, you may be able to sue the manufacturer for damages. In some cases, a manufacturer becomes aware of the defect and issues a recall. This means that the company notifies the public of the defect and offers to take back the products, sometimes with an offer of compensation.

However, a recall does not necessarily mean the company is no longer responsible for injuries caused by its product. This article will discuss the types of product defects and whether a manufacturer is still liable for injuries after the recall.

Keep in mind that only a skilled personal injury lawyer can tell you if you are entitled to damages due to a defective product.

What Defects Is a Company Liable for?

Companies that make or sell products are liable for certain defects in those products, such as:

• Design defects: A design defect is a flaw in the way the product was designed. For example, a company that makes baby formula is accountable for the ingredients. If a carcinogen were to be included in the formula, that would be a design defect.

• Manufacturing defects: A manufacturing defect is a flaw in the way the product was made, even if it was designed correctly. An example of a manufacturing defect would be a car that was designed with appropriate safety features but was equipped with a faulty brake system in the assembly plant.

• Failure to warn: Some products that are designed and manufactured correctly can still cause injury if used the wrong way. If the company fails to warn consumers of the product about such dangers, it can be held liable for injuries. A pharmaceutical company that fails to warn pregnant women about known risks arising from a certain drug, for example, can be forced to pay heavy damages.

What if the Company Issues a Recall?

If a product defect has been found to be harmful to customers, the company needs to stop production and issue a recall. Illinois law is particularly strict when it comes to defects in children’s products and requires the manufacturer or other relevant companies to distribute a recall notice. This notice must include:

• A description of the product

• The reason for the recall

• A picture of the product

• Instructions for how consumers can return the product

But issuing a recall does not mean the company is off the hook. If you were injured by the product you may still be able to sue the manufacturer, depending on the defect and injury. 

However, if the company can prove that you saw the recall notice and still continued to use the product, it could weaken your case in court.

Contact a Lake County, IL Product Liability Lawyer

If you were injured by a defective product that was recalled, you may be entitled to damages. This depends on many factors, however, which is why you should consult with a Waukegan, Illinois product liability attorney. At Salvi & Maher, LLP, we have over 85 years of combined experience and will help you understand how an Illinois court will view your particular case. Call 847-662-3303 for a free consultation today.