Personal Injury · Products Liability
Recalls and Federal Agencies: What They Do and What They Do Not Do
A recall tells the public that a product has a safety problem. It is important news. But it is not the same as a court case, and it does not pay your bills.
This page explains who handles what, and how a recall can fit into an injury claim.
Three agencies that matter most
CPSC: the U.S. Consumer Product Safety Commission. It covers many everyday consumer products: household goods, toys and other children's products, appliances, furniture, sports gear, and many battery-powered items. Consumers can report an injury or hazard to the agency, and the agency publishes recalls on its website.
NHTSA: the National Highway Traffic Safety Administration. It covers motor vehicles and motor vehicle equipment: cars, trucks, tires, car seats, and parts. Drivers can file safety complaints, and the agency publishes recalls and investigations.
FDA: the U.S. Food and Drug Administration. It covers food, drugs, and medical devices, among other things. Patients and providers can report problems with a medicine or device, and the agency publishes recalls and safety alerts.
Other agencies cover other products, such as aircraft and boats. If you are not sure which one applies, ask us.
What a recall is
A recall is usually a process in which the company, often working with the agency, tells owners about a hazard and offers a remedy. The remedy may be a repair, a replacement, or a refund. Some recalls are voluntary and some follow agency pressure.
How a recall can affect a claim
A recall does not erase your claim. If you were hurt, a later recall does not mean you gave up your rights. Accepting a free repair or a refund does not by itself mean you released a claim, but read anything you are asked to sign.
No recall does not mean no defect. Many defective products are never recalled. The absence of a recall does not decide your case.
A recall can be evidence. It may show what the company knew and when. Whether a recall notice can be used at trial depends on the rules of evidence and the facts, and the defense will argue about it.
It can help the warning claim. If a company learns of a danger after the sale and fails to warn, that can matter. The jury instruction notes say a manufacturer may have a duty "to warn about particular risks of a product even after the product has left the manufacturer's possession." Fla. Std. Jury Instr. (Civ.) 403.10, Note on Use 2. See failure to warn.
Government rules can matter too. The committee notes refer to section 768.1256, Florida Statutes, which sets a presumption tied to compliance or noncompliance with government rules. Fla. Std. Jury Instr. (Civ.) 403.11, Note on Use 1. It is a rule with limits, so ask how it would apply.
How to check whether your product was recalled
- Find the brand, model, and serial or lot number.
- Search the agency's recall page for that product type.
- Check the company's own website.
- Keep a copy or screenshot of anything you find, with the date.
Should I report it?
Reporting can help protect others. Before you file a detailed report, call a lawyer. What you write can become evidence. Reports should use accurate facts and no guesses.
What a recall notice does not do
- It does not compensate you for an injury that already happened.
- It does not decide who is at fault.
- It does not extend or pause the deadline to file. See deadlines.
What to do now
- Get medical care.
- Keep the product and any recall notice you received.
- Do not accept a "settlement" or sign a release offered with a recall remedy without legal advice.
- Photograph the recall label or notice.
- Save emails and letters from the company.
- Call a lawyer before you discuss the injury with the company.
Talk to us
Free consultation. Call (305) 209-0384. Answered 24/7. Se habla español.
This page is general information, not legal advice. Every case is different.