Can I Sue the Manufacturer of a Recalled Product?

Defective Products Attorney

Every year, thousands of recalls are issued by manufacturers in the State of Texas for dangerous or faulty products. Recalls help companies limit the fallout from mistakes and oversights made during the conception, marketing, or manufacturing of their products. Recalls are typically issued after a defect has been identified by the company or outside agencies.

When it comes to the court of public opinion, a well-timed recall may help a company limit the damage done to their reputation after producing a defective product. Many consumers affected by a recall will simply follow instructions and move on with their lives. However, when serious harm has been done to an individual, it may be in their best interest to pursue civil action in order to recuperate the costs of medical bills, lost wages, pain, and suffering.

How Recalls Reach Consumers

It’s the manufacturer’s responsibility to reach as many consumers of their product as possible with information about the recall. Recall campaigns may involve sending information to distributors of the product, stores who stocked and sold it, trade journals, and the media, in addition to any known customers with contact information on file.

During a recall, consumers are asked to return their faulty products for a refund, replacement, or repair (depending on the nature of the defect). Repairs are especially common when it comes to automotive defects, wherein the issue is limited to one or more key parts. In such an example, owners may be given detailed safety instructions and asked to return their vehicle to the dealership for part replacement or repair.

Recalls Do Not Eliminate Manufacturer Liability

While a recall can help limit the harm caused by a defective product, a certain number of consumers are bound to withstand injuries before or after the message has gone out. This leaves manufacturers vulnerable to individual and class-action lawsuits spearheaded by injured parties, regardless of any recalls.

In order to build a case around a defective product that has an active recall, the plaintiff must be able to prove two things:

  1. The harm they experienced was caused by the faulty product.
  2. They were unaware of the recall or did not receive sufficient instruction needed to prevent the harm.

Unfortunately, there are many examples of unscrupulous companies concealing or down-playing the risks associated with their product before, during, or even after a recall. When such information comes to light in a courtroom setting, it can be very damaging to their defense. Our defective products attorney in San Antonio can help explore this possibility and gather the evidence needed to build a strong case.

Our Defective Products Attorney in San Antonio, TX

If you were injured by a faulty product, you may have a personal injury lawsuit worth pursuing in court—regardless of any recall that has been issued. Our defective products attorney in San Antonio, Texas can help you explore the potential of your case. Contact us to schedule a free case consultation today.

San Antonio Office: 3107 Broadway Street, San Antonio, Texas 78209. (210) 807-8656.

Austin Office: 2025 Guadalupe Street Suite 260, Austin, Texas 78705. (512) 982-4798.

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San Antonio Law Office
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3107 Broadway Street, San Antonio, TX 78209

Houston Law Office
of Jesse Hernandez


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3663 N. Sam Houston Parkway East, Office 607, Houston, TX, 77032

Austin Law Office
of Jesse Hernandez


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2025 Guadalupe Street, Suite 260, Austin, TX 78705

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8746 Wurzbach Rd, Suite 202, San Antonio, TX 78229