What Should You Do if You Were Injured by a Recalled Product in California?
Learning that a product has been recalled can be alarming, especially if you have already been injured while using it. If you were injured by a recalled product, stop using it and keep the product and related materials if you can do so safely. A defective product may support a California product liability claim against a manufacturer or other responsible party. Our Los Angeles, CA product liability attorney can help guide you through the next steps.
What Should You Do With a Recalled Product After an Injury in California?
Do not throw the product away just because the manufacturer offers a refund or replacement. The original item may become important evidence if you later bring an injury claim.
Keep the product, its packaging, instructions, receipt, and any warning labels that came with it when possible. Take photos of the product and any visible damage before moving or storing it. You should also save a copy of the recall notice because it may identify the specific model or defect involved.
Does a Product Recall Prove That the Manufacturer Is Liable in California?
A recall can provide important evidence, but it does not automatically establish that a company is legally responsible for an injury. California law still requires a connection between the defective product and the harm you suffered.
While you need to be able to prove that the product caused your injury, California does recognize strict product liability. This means that an injured consumer may be able to hold a company responsible for a defective product without proving that the company was careless. California law can also allow liability to extend beyond the manufacturer to certain sellers or other businesses responsible for placing the defective product into the marketplace.
What Evidence Should You Save After a Recalled Product Injures You in California?
Evidence can be lost quickly after a product-related injury, especially when the product has been recalled. If you are able to, try to preserve items such as:
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The product in the condition it was in after the injury
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Photos or videos showing the product and what happened
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Receipts or other proof of purchase
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The recall notice and messages from the manufacturer or retailer
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Medical records showing your injuries and treatment
You can also report an unsafe consumer product to the CPSC and keep a copy of your report. Keeping these materials can help identify the exact product involved and connect your injury to the problem identified in the recall.
What if a Recall Is Announced After You Were Injured by a Product?
A recall announced after an injury can still provide useful information about the product. You might learn weeks or months later that the same model has been recalled for a safety problem similar to the one you experienced.
A recall notice may identify the specific hazard or describe other reported incidents involving the product. Check the model or serial number to make sure your product is included in the recall, and save a copy of the notice.
However, you do not need to wait for a recall before looking into a California product liability claim. A defective product can cause a legally recognized injury even if no recall has been announced.
How Long Do You Have to File a Product Injury Claim in California?
California generally gives an injured person two years to file a personal injury lawsuit. According to Section 335.1 of the California Code of Civil Procedure, this two-year deadline applies to actions seeking compensation for injuries caused by another person’s wrongful act or neglect.
Product liability claims are subject to this deadline, so you should not wait for a recall to be announced before looking into your legal options. Keep in mind that a later recall does not restart the clock to file a lawsuit.
Product liability cases can also take time to investigate because the product and other evidence may need to be examined. Getting legal advice early can help you understand the deadline that applies to your claim.
Schedule a Free Consultation With a Los Angeles, CA Product Liability Attorney
If you have been injured by a recalled product, there are steps you can take to hold someone accountable. The Glendale, CA personal injury lawyers at Tahmazian Law Firm, P.C. can help you navigate your case and determine who is responsible. Call 818-242-8201 to schedule your free consultation.
1518 W Glenoaks Blvd., Glendale, CA 91201


818-242-8201


