Key Takeaways
- A product recall can be useful evidence in a personal injury claim. It proves that an item was dangerous or defective, and it might reveal that the manufacturer knew about the safety problem.
- Preserving the product that caused your injury is important. Don’t return it or throw it away.
- A personal injury attorney in Florida specializing in product liability can investigate your case and help you pursue compensation for product or recalled equipment injuries.
When a manufacturer or government agency recalls a product, it means there’s a serious safety issue that might put consumers at risk. For example, there may be a production defect, a design flaw, or a labeling mistake that could cause harm.
So, how does this affect a personal injury claim in Florida? Well, a recall can actually support your case by confirming that the product was defective and may indicate that the manufacturer knew about the safety issue. However, this doesn’t always mean your claim will be successful. You’ll still need to prove the item was dangerous when you used it correctly and ultimately caused your injuries.
This is where things can get tricky. Typically, you’ll need medical records, expert testimony, and other evidence to support what you’re saying is true. Because of this, it’s always a good idea to work with a local attorney firm like ours when dealing with any product recall injury claim in Florida. Long & Jean P.A., has extensive experience in product liability matters and can fight to secure the compensation you rightfully deserve.
What Is a Product Recall?
A product recall is a safety warning indicating that a particular product is potentially dangerous or defective and, as a result, should be removed from the market, usually immediately. The item in question might have a design or manufacturing problem, or a labeling mistake, that could cause harm if people continue using it.
Product recalls are often the subject of personal injury cases that involve mass torts, which means multiple people take action against a manufacturer simultaneously.
In some cases, a manufacturer might voluntarily issue a recall after discovering something wrong with one of its products. In other situations, a government agency like the Food and Drug Administration (FDA) or Consumer Product Safety Commission (CPSC) issues a recall if it believes a product is dangerous to the public. The FDA recalled 5,461 products in the 2025 fiscal year, while the CPSC recalled 357 in the same period. These include dangerous household appliances, food, cosmetics, and toys.
Whether a recall was voluntary or ordered by a government agency could affect the outcome of a product recall injury claim in Florida. For example, if the FDA issued a recall, it may indicate that the product was dangerous, but the manufacturer didn’t do anything about it. The timing of the recall (whether an injury happened before or after) and its specific details also matter.
Regardless of who issued the recall, you’ll still have to demonstrate the following in a personal injury claim:
- That you actually used the recalled product
- The product you used had the same safety problem as identified in the recall
- The recalled product caused you harm
Proving all this can be difficult without a defective product lawyer in Florida. For example, the manufacturer might argue that something else caused your injury or that you didn’t use its product as intended. A skilled attorney firm like Long & Jean P.A., can collect evidence on your behalf and increase your chances of a successful case outcome.
With us in your corner, you can pursue damages for your injuries, including:
- Economic damages: This is compensation for financial losses, such as lost wages and medical bills.
- Non-economic damages: This is compensation for intangible losses, such as pain and suffering or emotional trauma.
- Punitive damages: In rare cases, a judge might award these damages if a manufacturer was particularly negligent or reckless.
Common Recalled Products That Cause Injuries
Here are some examples of recalled products associated with injury risks:
Household Appliances
Many appliances in your home present a serious risk of injury if manufactured or designed incorrectly. These include overheating microwaves and washing machines with faulty wiring.
Tools
Simple power tools can also be dangerous, leading to injury if they are defective. For example, a malfunctioning electric drill can quickly overheat, possibly causing serious burns.
Automotive Parts
Faulty vehicle parts and accessories can cause injury or even death while driving. Examples include airbags that fail to work properly and tires that cause you to lose traction on the road. The National Highway Traffic Safety Administration (NHTSA) oversees vehicle and equipment recalls.
Medical Devices
While medical devices are supposed to save lives, they can also cause harm if they break down or contain incorrect safety instructions.
According to the FDA, the most commonly recalled products between 2012 and 2026 are as follows:
- Devices
- Food/cosmetics
- Drugs
- Biologics (medications that come from living organisms)
- Veterinary products
- Tobacco
Tip: Whatever caused your injury, we recommend not returning or destroying the product before getting legal advice.
How a Recall Can Help or Complicate Your Claim
A product recall might affect your personal injury claim in a few ways:
Evidence of a Defect
When a manufacturer or government agency issues a recall, this can serve as evidence that a product was unsafe for whatever reason. For example, it may show that the manufacturer failed to take reasonable care when designing or testing the item. This is known as negligence, which is used to determine fault.
However, it’s important to note that evidence of a defect doesn’t always indicate liability. In other words, a recall doesn’t automatically prove that the manufacturer was responsible for someone’s injury, especially if the consumer used it incorrectly or ignored safety instructions.
Manufacturer’s Knowledge of the Safety Problem
A manufacturer announces a recall after a risk is discovered, so you may be able to use the warning as evidence that the company knew a product was unsafe before telling the public. This might support your personal injury claim and increase your chances of maximum compensation.
In some cases, an experienced Florida product liability attorney can obtain safety reports and other internal documents to establish exactly what the manufacturer knew and when they knew it.
Impact on Liability Arguments
Just because a manufacturer or government agency recalls a product, it doesn’t mean you’ll automatically win your personal injury case. Insurance companies and courts consider whether the manufacturer was truly liable for causing your specific injury. For example, your claim might not succeed if you misused a product, even if it was subject to a recall.
Misconceptions About Product Recall Injury Claims in Florida
You might think that a product recall instantly strengthens your claim and makes it easier to get compensation. However, this isn’t always the case. A recall is just one piece of evidence and doesn’t replace the need for you to prove the basic elements of personal injury law.
That said, there are two major misconceptions that injury victims often have. We want to clear them up:
You Can’t Make a Claim If There Was No Recall at the Time of Your Injury
This isn’t true. A manufacturer or the government doesn’t need to issue an official product recall for you to file a personal injury claim under Florida law. Some dangerous products never face recalls, but you can still pursue compensation if you’re able to prove the item caused your injury. An attorney firm specializing in consumer product recalls will help you with all this.
You Can’t Make a Claim If a Recall Was Issued After Your Injury
This isn’t always true. You can still file a personal injury claim if you were injured by a product and not notified about its risks, even if a recall exists. Manufacturers generally issue recall notifications to distributors and customers, but you might be able to take legal action if you didn’t hear about the warning.
What To Do if You Were Hurt by a Recalled Product in Florida
Taking the right steps after a product injury, whether the item was recalled or not, can protect your legal rights and make the claims process simpler. Here are some things we suggest doing immediately:
Get Medical Help
This is the most important step. See a doctor as soon as you can after your accident, even if your injuries don’t seem very serious. Keep any medical records related to the event so you have a clear record of what treatment you received and how your injury affected your health. You can use this as evidence for your personal injury claim.
Preserve the Product
Try to keep the product that caused your injury in a safe place. If you return, repair, or throw it away, you could lose vital evidence that supports your case for damages. At the very least, take photos and videos of the product in the condition it was in at the time of your injury.
Keep Receipts, Manuals, and Packaging
You’ll also want to save the product’s receipt, manual, and original packaging so you can prove you owned the item and used it as intended before your injury happened.
Record Serial/Model numbers
Take a photo of the defective product’s serial and model numbers, along with any other identifying information. Recalls may only apply to certain batches of a product.
Be Wary When Talking to Insurance Companies
The manufacturer’s insurance company might try to contact you after your accident to learn more about what happened. Be careful what you tell them. Some insurers will try to twist your words or even blame you for your injuries so they can reduce or deny your claim.
Contact a Personal Injury Attorney in Florida
Filing a personal injury claim is often stressful, confusing, or even traumatic, especially when you have to deal with big corporations and their large legal teams. To increase your chances of compensation, consult with a local attorney firm that specializes in mass tort and product liability. They handle claims for other people with injuries similar to yours and sometimes for people harmed by the same product.
The sooner you contact a lawyer, the better. Florida has strict timelines for filing injury claims, known as statutes of limitations.
Talk to a Florida Product Liability Lawyer About Your Options
Product liability cases in Florida require proof that a dangerous or defective item directly caused a product or recalled appliance injury, which can be difficult to obtain.
This is where a reputable lawyer comes in. They can investigate your claim, collect evidence, identify the at-fault party, hold them accountable for their actions, and negotiate a fair and full settlement on your behalf. If a manufacturer doesn’t cooperate, an attorney can take your case to court and fight for the justice you deserve.
Long & Jean, P.A., is a personal injury law firm that takes product liability seriously. If you’ve been injured by a product, contact our team at 954-715-2400 right now. Alternatively, schedule a free consultation online about a product recall injury claim in Florida.
We operate on a contingency fee basis, which means you won’t have to pay for our services unless you have a successful case outcome.Text content
