Defective Product Injuries: Recalls and Reporting

Most products work the way they should. When one does not, the results can range from a minor cut to a fire or a serious injury. If a product hurt you or someone in your family, three separate things may be going on at once: a safety problem the government may want to know about, a possible recall, and a possible legal claim. This guide explains how those pieces fit together.

Who oversees product safety

Different federal agencies cover different kinds of products. For many everyday household items, the main agency is the Consumer Product Safety Commission (CPSC). The USAGov profile of the CPSC describes its job as protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under its jurisdiction, including products that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The same page links to government recalls and to a form for reporting incidents, injuries, or safety concerns.

Cars are handled differently. The USAGov page on car complaints says that safety issues related to cars, child car seats, or tires go to the National Highway Traffic Safety Administration (NHTSA). Food, medicine, and some other products have their own regulators.

What a recall means for you

A recall is an action to fix, replace, or refund a product that has a safety problem. If a product you own is recalled, the notice usually tells you what the problem is and what to do, such as stop using the item, get a free repair, or return it.

A few points are worth keeping in mind:

• A recall does not automatically mean you have a claim. It shows a safety issue was identified, but whether you can recover money for an injury depends on the facts and state law.
• No recall does not mean no claim. Many injury claims involve products that were never recalled.
• Follow the recall instructions, but keep the product if you were hurt. If an injury already happened, talk to a lawyer before you return, repair, or throw away the item. The product itself can be important evidence.

Reporting a dangerous product

Reporting a safety problem helps regulators spot patterns. For household products, you can use the CPSC reporting link listed on the USAGov CPSC page. For vehicles, car seats, and tires, report to NHTSA as described on the USAGov car complaints page.

A safety report is not a lawsuit, and it does not pay medical bills. It is still a useful step, and it is free.

Complaining to the company

For problems that are not about injuries, such as a product that simply stopped working, the USAGov guide to company complaints suggests gathering documents first, such as receipts, warranties, contracts, and records of contact with the seller, and then contacting the company. If that does not work, it points to your local consumer protection office, the Better Business Bureau, and, if needed, the legal system.

If you were hurt, be more careful. Before you give a detailed statement to the maker or its insurer, or sign anything, consider talking to a lawyer. Anything you say or sign may affect a later claim.

How product injury claims generally work

Product injury claims are governed mostly by state law. In general terms, lawyers often look at three kinds of problems:

• Design problems, where the product's design itself made it unsafe
• Manufacturing problems, where a particular item came out of the factory different from the design
• Warning or instruction problems, where the product lacked adequate warnings or instructions

Who may be responsible can include the manufacturer, a parts maker, a distributor, or a seller, depending on state law and the facts. These cases often require product testing and technical review, so they can take time. You can read more about this area on our personal injury practice page.

Evidence to keep

• The product itself, plus any broken parts, packaging, and manuals
• Proof of purchase, such as receipts or order emails
• Photos and video of the product, the scene, and your injuries
• Medical records and bills
• Recall notices or letters from the company
• Names of witnesses

Store the product somewhere safe, and do not try to repair or test it yourself. Changes to the item can make it harder to show what went wrong.

Deadlines

Every state sets deadlines for injury claims, and some states have additional time limits that apply specifically to product cases. These deadlines can be short. Ask a lawyer about them early.

Questions to ask a lawyer

• Based on what happened, which kind of product problem might be involved?
• Who could be responsible: the maker, a seller, or someone else?
• How should I store the product, and should I return it under the recall?
• What deadlines apply in my state?
• How are fees and case costs, such as product testing, handled?

If cost is a barrier, the USAGov legal aid page lists programs that may help you find free or low-cost legal help.

Frequently asked questions

Does a recall prove the company is responsible for my injury?

No. A recall shows a safety issue was identified, but responsibility for a specific injury depends on the facts and your state's law.

Should I send the product back for the recall refund?

If you were hurt, talk to a lawyer first. The product may be key evidence, and returning it could make your claim harder to prove.

Where do I report a dangerous product?

For many household products, report to the Consumer Product Safety Commission. For vehicles, car seats, and tires, report to NHTSA. USAGov links to both.

Can I have a claim if the product was never recalled?

Possibly. Many product injury claims involve items that were never recalled. A lawyer can review your facts.

Related: Browse guides on legal topics.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.