How Recalls Affect Product Liability Claims | GoSuits

• What is a product recall and how does it intersect with a product liability claim?
• Which federal laws and agencies govern recalls that may affect your defective product claim?
• Does a product recall automatically prove or defeat a recalled product lawsuit?
• How do recalls impact strict liability, negligence, failure to warn, and breach of warranty theories?
• What do recent statistics reveal about recalls and product liability cases?
• How should you preserve evidence when a product is recalled and someone is injured?
• How do recall notices interact with statutes of limitations and repose in Texas, California, and Illinois?
• What defenses do manufacturers raise in recalled product cases, and how do states treat comparative fault?
• How do recalls affect settlement negotiations, class actions, and multidistrict litigation?
• How do NHTSA vehicle recalls affect auto defect product liability claims?
• What immediate steps should you take after a recall-related injury in Texas, California, or Illinois?
• What are common local FAQs about recalled product lawsuits in Houston, Dallas, Los Angeles, San Francisco, Chicago, and beyond?
• How can GoSuits support your recalled product lawsuit from investigation through litigation?
• Where can you find authoritative resources on recalls and product liability?

What is a product recall and how does it intersect with a product liability claim?

A product recall is an action taken to remove or correct a product that violates a law or presents a safety risk. Recalls can be initiated by a company or ordered or overseen by a federal agency such as the Consumer Product Safety Commission (CPSC), National Highway Traffic Safety Administration (NHTSA), or Food and Drug Administration (FDA). In a civil product liability claim, a recall can influence issues of defect, notice, feasibility of a safer design, and warnings, but it does not automatically establish liability or eliminate defenses.

Under general U.S. products liability principles, a manufacturer or seller may be liable when a product is defective and causes injury. Defects typically fall into three categories: design, manufacturing, and marketing or warning defects. These categories are recognized in courts across the country and explained in legal references like Cornell Law School’s Legal Information Institute, which provides overviews of products liability and doctrinal concepts used by courts nationwide (LII Wex: Products liability).

Whether you are in Texas, California, or Illinois, recall evidence may affect your case in different ways depending on the claim theories and evidence rules applicable in your court. Below, we explain the federal recall framework, then address how recalls intersect with civil claims in these states.

Which federal laws and agencies govern recalls that may affect your defective product claim?

The CPSC oversees recalls for many consumer products. Manufacturers, distributors, and retailers have a duty to report to CPSC if they learn that a product may present a substantial product hazard or creates an unreasonable risk of serious injury or death. This duty is found in 15 U.S.C. § 2064 and associated regulations and guidance (15 U.S.C. § 2064; CPSC Recall Guidance). Reporting triggers a cooperative process that can lead to a corrective action plan and recall. Companies often issue public recall notices and provide remedies such as repair, replacement, or refund.

What NHTSA rules govern auto defect and vehicle recall cases?

NHTSA regulates safety recalls for motor vehicles and equipment. When a defect related to motor vehicle safety is identified, the manufacturer must notify NHTSA and affected owners, dealers, and distributors, and provide a free remedy. The core statute is 49 U.S.C. § 30118, and implementing regulations include 49 C.F.R. Part 573, which requires defect and noncompliance reports to the agency (49 U.S.C. § 30118; 49 C.F.R. Part 573). NHTSA’s recall portal explains how to check your vehicle and VIN (NHTSA Recalls).

What FDA rules apply to recalls of drugs, devices, and certain foods?

FDA manages recalls for medical devices, drugs, biologics, and many foods. The recall policy and guidance are in 21 C.F.R. Part 7, Subpart C. While many recalls are voluntary, FDA monitors and classifies recalls to reflect the risk level, and it can take enforcement action when needed (21 C.F.R. Part 7, Subpart C). FDA also publishes recall notices and enforcement reports to alert the public (FDA Recalls).

Does a product recall automatically prove or defeat a recalled product lawsuit?

Not automatically. In many courts, recall evidence may be limited by Federal Rule of Evidence 407, which states that evidence of subsequent measures taken after an injury or harm are not admissible to prove negligence or other culpable conduct, though they may be admitted for other purposes such as proving ownership, control, feasibility of precautionary measures (if disputed), or impeachment (Fed. R. Evid. 407). Courts vary in how they apply Rule 407 to strict liability claims, but many apply the same principle. This means a recall is not a silver bullet for either side, and admissibility often turns on the purpose for which the recall evidence is offered.

Is a recall an admission of defect or fault?

No. Companies commonly state in recall notices that they are acting out of caution and not admitting a defect or liability. Agencies like CPSC and NHTSA advise on remedy and notice content, but the legal effect of a recall in a civil case depends on rules of evidence, the claims pled, and the specific jurisdiction. A recall can still matter in proving notice, feasibility of an alternative design, or failure to warn, especially if the recall was issued before the injury and warnings were inadequate.

How do recalls impact strict liability, negligence, failure to warn, and breach of warranty theories?

In strict liability, you do not have to prove the manufacturer’s negligence, only that the product was defective and the defect caused injury. A recall may be relevant to defect and causation, particularly if it identifies the same hazard that caused your injury. However, your claim still requires competent proof such as engineering evidence, testing, and expert testimony. Many states apply risk-utility or consumer-expectations tests to design defects. For example, California recognizes both tests under Barker v. Lull Engineering, which allows a plaintiff to proceed under consumer expectations or risk-benefit theories (Barker v. Lull Eng’g Co.), and the foundation of strict products liability in California dates to Greenman v. Yuba Power Products (Greenman v. Yuba Power Products). In Texas, statutory design-defect claims require proof of a safer alternative design and a risk-utility balance (Tex. Civ. Prac. & Rem. Code § 82.005).

How does a recall affect negligence claims?

Negligence claims focus on whether the defendant acted reasonably. A pre-injury recall could support arguments that the manufacturer knew or should have known of the danger and failed to act sooner or warn adequately. Post-injury remedial actions like recalls may be excluded to prove negligence under Rule 407, but can still be relevant for other purposes such as feasibility or control when those are disputed (Fed. R. Evid. 407).

How does a recall influence failure-to-warn claims?

A recall often includes new warnings, instructions, or retrofit kits. If an injury occurs after a recall because warnings were not provided, not reasonably communicated, or were unclear, a failure-to-warn claim may be viable. California requires warnings about risks that are known or knowable in light of the generally recognized and prevailing best scientific and medical knowledge at the time of manufacture or distribution, as discussed by the California Supreme Court in Anderson v. Owens-Corning (Anderson v. Owens-Corning Fiberglas Corp.). Other states apply similar knowledge standards. Recall communication effectiveness can therefore be central to liability and comparative fault arguments.

Do recalls affect breach of warranty claims?

Yes. Recalls may trigger or highlight breach of implied warranty of merchantability or fitness, depending on state law. For example, California’s Commercial Code includes implied warranties that goods are fit for ordinary purposes and fit for a particular purpose if the seller knows the buyer’s needs (Cal. Com. Code §§ 2314–2315). In Texas and Illinois, similar UCC provisions apply through state enactments. Timely notice of breach to the seller, privity requirements, and disclaimers may affect warranty claims and vary by state.

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What do recent statistics reveal about recalls and product liability cases?

• Vehicles: NHTSA notes that millions of vehicles are recalled each year and provides a VIN lookup so you can check for open recalls on your car or truck (NHTSA Recalls).
• Consumer products: The CPSC regularly announces recalls of consumer products ranging from household electronics to children’s products, and publishes business guidance on recall obligations to reduce risks of severe injuries and deaths (CPSC Recall Guidance).
• Drugs and devices: FDA posts recall and safety alerts and maintains enforcement statistics dashboards and reports (FDA Recalls).

How active are product liability filings in federal courts?

According to the Administrative Office of the U.S. Courts, product liability filings have formed a significant share of civil filings in recent years, with trends influenced by consolidated litigation such as multidistrict litigations. See the judiciary’s overview for data and context (U.S. Courts: Just the Facts, Product Liability Cases).

How should you preserve evidence when a product is recalled and someone is injured?

• Keep the product intact: Store the recalled item in a safe, dry place. Do not alter or repair it. Photograph serial numbers, labels, the damage, and the scene.
• Retain packaging and paperwork: Keep receipts, manuals, warranty cards, recall notices, and any emails or texts about the recall or defect.
• Document injury and costs: Save medical records, billing statements, time-off records, and communications with insurers.
• Preserve digital evidence: Keep photos, videos, and messages. For electronic data, courts can sanction parties for failing to preserve relevant electronically stored information, especially if it is lost after a duty to preserve arises (Fed. R. Civ. P. 37(e)).

Should you send preservation letters to opposing parties?

Yes, timely preservation notices can help prevent spoliation of corporate records, testing files, quality control logs, and design documents. If litigation is reasonably anticipated, both sides have duties to preserve. Preservation letters to manufacturers, distributors, retailers, and third-party servicers can be important, particularly in complex auto defect or consumer electronics cases in cities like Houston, Dallas, Los Angeles, San Jose, Chicago, and Naperville.

How do recall notices interact with statutes of limitations and repose in Texas, California, and Illinois?

Generally no. A recall does not automatically toll a statute of limitations or statute of repose. Deadlines depend on state law, the discovery rule, and any applicable tolling doctrines. You should calculate deadlines conservatively.

What are the key Texas timelines for a product liability claim?

• Limitations: Personal injury claims are generally subject to a two-year limitations period (Tex. Civ. Prac. & Rem. Code § 16.003).
• Repose: Texas has a statute of repose for product liability actions, limiting suits after a defined period from sale, subject to exceptions (Tex. Civ. Prac. & Rem. Code § 16.012).
• Innocent seller framework: Claims against non-manufacturing sellers are limited with exceptions, which can affect who must be sued and when (Tex. Civ. Prac. & Rem. Code § 82.003).

What limitations apply in California product liability cases?

• Limitations: California generally provides two years for personal injury actions (Cal. Code Civ. Proc. § 335.1). Accrual and discovery rules can affect timing.
• Doctrinal backdrop: California’s strict liability framework and design defect tests influence how recall information may be used in proving defect and causation (Barker v. Lull; Greenman v. Yuba).

What are the Illinois deadlines and seller provisions for recalled product lawsuits?

• Limitations: Personal injury claims are generally subject to a two-year limitations period (735 ILCS 5/13-202).
• Product liability limitations and repose: Illinois has specific provisions governing product liability actions, including repose periods and exceptions (735 ILCS 5/13-213).
• Non-manufacturer seller statute: Illinois allows dismissal of non-manufacturer sellers under certain conditions, which may shift focus to the manufacturer (735 ILCS 5/2-621).

Because limitations and repose rules are strictly enforced, timely evaluation is critical, especially in large metro areas like Los Angeles, San Diego, Austin, San Antonio, Fort Worth, Arlington, Chicago, Springfield, and Naperville.

What defenses do manufacturers raise in recalled product cases, and how do states treat comparative fault?

• Rule 407 exclusion: Attempt to exclude recall evidence offered to prove negligence or culpable conduct (Fed. R. Evid. 407).
• Compliance defense: In Texas, compliance with governmental standards creates a rebuttable presumption of non-liability in certain circumstances (Tex. Civ. Prac. & Rem. Code § 82.008).
• Misuse or alteration: Defendants argue that unforeseeable misuse or substantial alteration caused the injury.
• Learned intermediary or warning adequacy: Depending on the product type, defendants may argue warnings were adequate or directed to an appropriate intermediary.
• Preemption: Particularly in motor vehicle cases, federal safety standards can preempt certain state-law claims in narrow circumstances. See, for instance, the U.S. Supreme Court’s preemption analysis in Geier v. American Honda (Geier v. American Honda Motor Co.).

How does comparative fault work in Texas product liability claims?

Texas follows proportionate responsibility rules that can reduce or bar recovery if a plaintiff’s responsibility exceeds 50 percent. These rules apply in product cases and can intersect with misuse or failure to heed recall notices or warnings (Tex. Civ. Prac. & Rem. Code ch. 33).

How does California treat comparative fault in strict liability cases?

California follows pure comparative negligence under Li v. Yellow Cab, which reduces damages by the plaintiff’s share of fault (Li v. Yellow Cab Co.). In strict liability cases, comparative fault principles also apply to reduce recovery where conduct by the plaintiff contributed to the harm (Daly v. General Motors). Failure to follow a recall remedy or heed warnings can be argued as comparative fault, though each case turns on its facts.

What is Illinois’s comparative fault rule in product liability cases?

Illinois generally applies a modified comparative fault system with a 51 percent bar. If the plaintiff is more than 50 percent at fault, recovery is barred; otherwise, damages are reduced in proportion to fault (735 ILCS 5/2-1116). In product cases, Illinois also has specific doctrines and case law addressing duty and post-sale knowledge; for example, the Illinois Supreme Court discussed post-sale duty issues in Jablonski v. Ford Motor Co. (Jablonski v. Ford Motor Co.).

Can a recall increase the likelihood of settlement in a defective product claim?

Sometimes. A recall may focus attention on defect mechanisms, provide public testing data, and create document trails that inform settlement valuation. It can also expand the number of claimants, especially in metropolitan regions like Houston and Los Angeles. On the other hand, defendants may contest causation or admissibility of recall evidence and rely on defenses like misuse or compliance with standards.

How do recalls relate to class actions and MDLs?

When many people are affected by the same alleged defect, cases are sometimes centralized in multidistrict litigation for pretrial efficiency. The Judicial Panel on Multidistrict Litigation decides whether to centralize cases that share common questions of fact (JPML). Class actions can handle uniform economic-loss claims such as refund or repair costs for recalled products, while personal injury claims often proceed individually or within MDLs. Tolling doctrines for putative class members may apply in some circumstances under American Pipe (American Pipe & Construction Co. v. Utah), but application varies and should be evaluated based on the forum and claims.

How do NHTSA vehicle recalls affect auto defect product liability claims?

Vehicle recalls generate defect notices, owner lists, remedy descriptions, and regulatory filings under Part 573, which may contain engineering data, chronology reports, and communications with dealers (49 C.F.R. Part 573). This can help identify the defect mechanism and link it to your crash or injury in cities like San Antonio, Fort Worth, Arlington, San Diego, San Jose, and Sacramento.

Is a free recall repair a substitute for a personal injury recovery?

No. The free remedy is designed to correct the product but does not compensate for injuries, medical costs, lost wages, or other damages. A civil product liability claim addresses those losses when a defect causes harm, subject to proof and defenses under state law.

What immediate steps should you take after a recall-related injury in Texas, California, or Illinois?

• Get medical care promptly: Prioritize health and create contemporaneous medical records.
• Preserve the product and scene: Secure the recalled item, packaging, and documentation; take photos and video.
• Collect recall materials: Save recall notices, emails, dealer letters, and agency recall bulletins from CPSC, NHTSA, or FDA.
• Identify potential defendants: In Texas and Illinois, non-manufacturer seller statutes can shape who belongs in the case (Tex. § 82.003; 735 ILCS 5/2-621).
• Diary deadlines: Track limitations and repose statutes in your jurisdiction (Texas; California; Illinois).
• Avoid altering the product: Do not discard or dismantle it; testing should be coordinated to maintain chain of custody.

How can GoSuits support your recalled product lawsuit from investigation through litigation?

Recalled product lawsuits move quickly. Deadlines run, notice windows close, products are repaired or discarded, and key documents can be lost. Coordinated investigation, preservation, and analysis are crucial to show defect, causation, and damages. We help you avoid gaps that insurers and manufacturers often exploit in Houston, Dallas, Austin, San Antonio, Fort Worth, Arlington, Los Angeles, San Diego, San Jose, San Francisco, Sacramento, Chicago, Springfield, and Naperville.

What availability and communication can you expect from GoSuits?

• 24/7 access: We are available around the clock for immediate free consultations. An attorney and staff at every office are ready to help at any time, day or night.
• Multilingual service: We provide multilingual customer service. Spanish and Farsi speakers are available 24/7, and we coordinate additional languages on request.
• Clear, frequent updates: You receive regular status reports, timeline forecasts, and direct contact with your legal team for questions about recalls, inspections, and negotiations.

What are our fee policies and cost transparency?

• No win, No Attorney Fees: We advance the costs of prosecuting your case, and you owe no attorney fees unless we recover compensation.
• No hidden administrative fees: We explain costs in writing and discuss budgeting for experts, inspections, evidence storage, and court fees before they are incurred.

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How do our tools and case workflow strengthen your product liability claim?

• Proprietary PI software: We built an internal platform that accelerates investigation, demand preparation, settlement negotiation, and if needed, filing suit and discovery. This helps us organize engineering materials, agency recall filings, and witness timelines efficiently so we can pressure insurers and manufacturers with complete, verified records.
• Evidence preservation protocols: We coordinate product storage, chain of custody, and non-destructive joint inspections to protect admissibility and reduce disputes.
• Recall data integration: Our workflow ingests CPSC, NHTSA, and FDA recall bulletins, Part 573 reports, and technical service bulletins to pinpoint defect mechanisms and notice timelines.

What is our experience and track record in product liability and complex injury cases?

• 30 years of combined experience: Our team has litigated more than 1000 cases, with settlement and verdict results published online (Past cases).
• Complex cases across three states: We litigate severe injury and complex product litigation in Texas, California, and Illinois, including auto defect, industrial equipment, 18-wheeler collisions, brain and spinal injury matters.
• Expert witnesses when needed: In product matters, we retain qualified state-based engineers and warnings specialists to evaluate design, manufacturing controls, human factors, and failure analysis.
• Awards and recognition:

• #1 settlements and verdicts across multiple U.S. counties according to TopVerdict.
• Top 100 Settlement in Texas.
• Sean Chalaki named Top 40 under 40 by National Trial Lawyers.
• Recognized by Best Lawyers in 2023, 2024, and 2025.
• Selected to Super Lawyers since 2021.

How do we add value to your recalled product lawsuit specifically?

• Early defect triage: We line up the recall chronology with your incident to assess defect type, notice, and feasibility of alternative designs under state law standards.
• Seller and manufacturer targeting: In Texas and Illinois, we apply non-manufacturer seller statutes to focus on the correct defendants while preserving your claims against any responsible entity.
• Admissibility planning: We prepare for Rule 407 and hearsay objections by identifying permissible uses of recall evidence, including feasibility, control, and impeachment, and by independently developing defect proof.
• Negotiation leverage: We synthesize agency filings, testing, and injury documentation to present insurers with concise, substantiated demands that reflect your losses.
• Trial readiness: When settlement is not fair, we file suit and pursue discovery aimed at design decisions, risk assessments, and recall communications that juries care about.

Where are our offices, and how do we help you immediately?

We serve clients across Texas, California, and Illinois, with offices positioned to meet you where you are, including major hubs such as Houston, Dallas, Austin, San Antonio, Fort Worth, Arlington, Los Angeles, San Diego, San Jose, San Francisco, Sacramento, Chicago, Springfield, and Naperville. At each location, an attorney and staff are available 24/7. We can arrange same-day product preservation, scene photography, and recall record collection, and we initiate insurer communications immediately to protect your claim.

Where can you find authoritative resources on recalls and product liability?

• Cornell LII: Products Liability overview
• Fed. R. Evid. 407
• Fed. R. Civ. P. 37(e)
• 15 U.S.C. § 2064 (CPSC reporting and recalls)
• CPSC Recall Guidance
• NHTSA Recalls portal
• 49 C.F.R. Part 573 (NHTSA defect reporting)
• 49 U.S.C. § 30118 (Motor vehicle safety recalls)
• 21 C.F.R. Part 7, Subpart C (FDA recall policy)
• FDA Recalls and Safety Alerts
• U.S. Courts: Product Liability Cases, Just the Facts
• Tex. Civ. Prac. & Rem. Code § 16.003 (Limitations)
• Tex. Civ. Prac. & Rem. Code § 16.012 (Product liability repose)
• Tex. Civ. Prac. & Rem. Code § 82.003 (Non-manufacturer sellers)
• Tex. Civ. Prac. & Rem. Code § 82.005 (Design defects)
• Tex. Civ. Prac. & Rem. Code § 82.008 (Compliance presumption)
• Tex. Civ. Prac. & Rem. Code ch. 33 (Proportionate responsibility)
• Cal. Code Civ. Proc. § 335.1
• Cal. Com. Code §§ 2314–2315
• Greenman v. Yuba Power Products
• Barker v. Lull Engineering
• Anderson v. Owens-Corning
• 735 ILCS 5/13-202
• 735 ILCS 5/13-213
• 735 ILCS 5/2-621
• 735 ILCS 5/2-1116
• Jablonski v. Ford Motor Co.
• Li v. Yellow Cab Co.
• Daly v. General Motors
• Geier v. American Honda Motor Co.
• Judicial Panel on Multidistrict Litigation
• American Pipe & Construction Co. v. Utah

Frequently Asked Questions

Can I sue in Texas if I was injured before a recall was announced?

Yes, a recall is not required to file a product liability claim. You must prove a defect and causation under Texas law. Depending on the case, design, manufacturing, and failure-to-warn theories may apply. Texas statutes address design defect and non-manufacturer seller issues that can shape your strategy (§ 82.005; § 82.003).

In California, will a recall letter be admissible at trial?

It depends on the purpose, hearsay exceptions, and Rule 407 principles applied in California courts. Some recall-related evidence may be admissible to prove notice, feasibility, control, or to impeach, subject to the court’s balancing of probative value and potential prejudice. California’s design defect frameworks in Barker and warning standards in Anderson are often central to analysis (Barker; Anderson).

Does Illinois’s seller statute mean I cannot sue a retailer in Chicago or Springfield?

Illinois allows dismissal of non-manufacturer sellers under specified conditions, but there are exceptions and procedural requirements. This affects case posture and discovery. Review the statutory language to understand timing and exceptions (735 ILCS 5/2-621).

How do recalls affect comparative fault in San Diego or Austin courts?

If you received a clear recall notice and chose not to act, defendants may argue comparative fault. In Texas, recovery can be barred if your percentage of responsibility exceeds 50 percent (Tex. ch. 33). California reduces damages by your percentage of fault even if it is high (Li v. Yellow Cab), while Illinois applies a 51 percent bar rule (735 ILCS 5/2-1116).

If my vehicle had an open NHTSA recall in San Jose and I crashed, do I still have a claim?

Possibly. A recall does not eliminate claims; you still must prove defect and causation. The timing of notices, reasonableness of warnings, availability of remedies, and whether a defect was repaired all matter. NHTSA filings may provide defect chronologies and technical data relevant to your auto defect case (49 C.F.R. Part 573).