You bought a product in good faith, only to be injured by a defect. A recall is later announced, but the damage has already been done. Does the recall shield the manufacturer from liability, or do you have the right to pursue a claim?
Understanding product liability
California law strongly protects consumers against dangerous products. When companies fail to promptly recall defective items, they may be legally responsible for resulting injuries. The state follows strict liability rules, meaning manufacturers remain liable even if they did not know about the defect.
Many victims do not realize that late recalls actually strengthen their case. A recall announcement may indicate that the company eventually recognized a problem with its product.
Your legal rights
If a product injured you before its recall, you maintain full rights to pursue compensation. California law allows victims to seek damages through several legal theories:
- Strict liability for defective design or manufacturing
- Negligence in failing to discover defects promptly
- Failure to warn consumers about known dangers
- Breach of warranty claims
The timing of the recall matters significantly in these cases. Courts often view delayed recalls as evidence that a company prioritized profits over consumer safety.
Compensation you may deserve
Victims of defective products can pursue various damages under California law. Your attorney will help calculate fair compensation based on:
- All medical expenses (current and future)
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Punitive damages in cases of extreme negligence
Each case has unique factors that affect potential compensation. An experienced product liability attorney will assess your specific situation.
California has strict deadlines for filing product liability claims, typically two years after your injury. The recall announcement starts another important timeline for collecting evidence. It is best not to delay taking action to recover the compensation you deserve.