What do gas grills, grill brushes, baby wipes, eye drops, and shampoo all have in common?
They’re all common products that have recently been recalled due to serious safety concerns. Typically, when a product is recalled, it is because it has already caused harm.
The recall is intended to prevent further harm.
Can you sue for injuries from a recalled product still being used? Yes, you can, but it will be challenging. A Philadelphia product liability lawyer will be in the best position to help you pursue a remedy that can compensate you for any losses you suffered as a result of the product.
Understanding Product Liability When a Recall Is Active
The Consumer Product Safety Commission (CPSC) oversees a wide range of consumer goods. That includes toys, electronics, furniture, appliances, and power tools. A product recall is like a “red line” regarding consumer safety. Just because a recall is issued doesn’t mean the potential for injury is gone, but it does shift much of the responsibility onto consumers.
Whenever a recall is issued, manufacturers and relevant agencies, such as the CPSC or the National Highway Traffic Safety Administration (NHTSA), will publicize the danger.
They’ll also provide instructions for any type of remediation. If you are notified or reasonably should have been aware of the recall, you are generally expected to stop using the product and follow the recall instructions. If you continue to use the product, it could be alleged that you’re assuming the risk.
On the other hand, a product recall can act as powerful evidence that the product was defective from the start. That can strengthen your claim that the manufacturer knew, or should have known, about the danger.
Although a recall might weaken a personal injury claim, the manufacturer does not automatically escape liability for severe harm. A company might still be held accountable under the following circumstances:
- The recall was unreasonably delayed.
- The remedy they offered failed to fix the hazard.
- The notification was inadequate.
- The recall instructions were unclear.
Before you can move forward with your claim, it is vital that you speak with an attorney to assess the merits of your claim.
Common Injuries Caused by Defective and Recalled Goods
The overwhelming majority of products that we bring into our homes are safe and function as they should.
However, there are instances where a product can be deemed defective due to either a flawed design, a manufacturing error, or a lack of proper instructions and safety warnings. However, there are instances where a product can be deemed defective due to either a product design or a lack of proper instructions and safety warnings.
How much injury or damage can a defective product cause?
Consider the following:
Electronics and Appliances
Many electronic devices and appliances are powered by lithium-ion batteries, which can overheat. When that happens, it can cause severe electrical burns or start a fire.
Faulty wiring in appliances like space heaters or hair dryers can cause electric shock or start house fires.
Children’s and Baby Products
Parents are always on the lookout for recalled cribs, strollers, and poorly constructed toys.
These types of products can pose a major health risk of choking, strangulation, or suffocation. Other baby and children’s products have been found to contain toxic materials, such as lead-painted toys. That can lead to severe poisoning and chemical exposure.
Automotive and Safety Equipment
The widely publicized Takata faulty airbags are an example of an automotive recall on a product that, when deployed, caused deep lacerations and eye trauma.
There have also been recalls of defective tires or seatbelts. When defective products are the cause of an accident, it can result in severe injuries such as fractures, traumatic brain injuries (TBIs), and internal organ damage.
Household Items and Furniture
Top-heavy dressers or bookshelves should come with adequate wall-anchoring kits.
Without proper anchoring, these pieces can tip over onto children, resulting in crush injuries, broken bones, or fatal asphyxiation.
Food and Pharmaceuticals
Recent industry reporting found that in the first quarter of 2026, there were 57.4 million units of food recalled across the country. These recalls have involved contaminated food or beverages containing Salmonella and other bacteria that cause severe foodborne illnesses.
There have also been defective medical devices, such as faulty pacemakers or implants, that have led to health complications.
The same can be said for unsafe prescription drugs.
How to Prove Your Injury Was Caused by the Product Defect
If you’ve been injured by a defective product, the burden is on you to prove your claim.
Yes, a recall establishes that there is an issue with the product, but that is often not enough. Start with the key piece of evidence: the defective product itself. Keep it in a safe place, and don’t attempt to fix what is broken.
You’ll also need to gather your purchase receipts to prove you’re the owner. If you were injured, you’ll need copies of your medical records along with videos and photos of your injuries. If any of your property was damaged, such as in a house fire, you can provide photos and videos of that as well.
It will also help to establish your claim by filing an incident report with the CPSC through SaferProducts.gov.
This might all seem overwhelming. That is when speaking with an attorney at Laffey Bucci D’Andrea Reich & Ryan can help. We can provide the support and guidance you need to understand the challenges of a product liability claim. When we take on these types of claims, we commit the full resources of our firm to them.
The best way forward is to schedule a consultation with our office. We can help explain where you stand and what should happen next.