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Defective and Recalled Product Lawsuits

Defective and Recalled Product Lawsuits

Companies have a duty to protect those who use their products in reasonable ways. This includes recalling products when companies learn they may be defective or harmful. People harmed by dangerous products may have legal options for recovery.

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Written by:
Kevin Dean
Member

Practice areas:Personal Injury Lawsuits, Toxic Exposure, Transportation Accident Lawsuits

Focusing his litigation efforts on catastrophic injury, products liability, and wrongful death cases, Kevin Dean represents victims and families affected by hazardous consumer products, occupational and industrial accidents, fires, premise injuries, toxic exposure and other incidents of negligence. 

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Last Updated:August 31, 2026

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Case Overview

When you purchase a product, you do so in good faith, trusting that it will function safely and as advertised. However, consumer and worker safety is too often compromised by negligence, poor manufacturing, inadequate quality or inadequate warnings. People injured by defective or harmful products may have legal options through a defective product lawsuit, even if the product was recalled.

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Key takeaways about defective and recalled product lawsuits

  • A defective product lawsuit may arise from a manufacturing defect, design defect or failure to warn that makes a product unreasonably dangerous.
  • Companies may face liability for defective products under theories of strict liability, negligence or breach of warranty.
  • A defective product lawyer or defective product attorney can evaluate whether you may have a valid defective product claim involving serious injury or wrongful death.

What is a defective product lawsuit?

A defective product lawsuit is a civil action brought by someone injured by a dangerous or faulty product. These cases are based on product liability principles that hold companies accountable when products are unsafe.

A product defect lawsuit may rely on several legal theories, including:

  • Breach of warranty: Involves broken promises about safety or performance
  • Negligence: Examines whether reasonable care was used in designing or manufacturing the product
  • Strict liability: Focuses on the condition of the product rather than the company’s intent

To succeed in a defective product claim, an injured person’s lawsuit generally must prove:

  • The product contained a defect
  • The defect existed when it left the company’s control
  • The defect caused the injury

Unlike a recall, which removes or repairs a product, a defective product lawsuit seeks compensation for injuries already suffered.

If successful, the injured person can receive compensatory damages for medical expenses, lost wages and pain and suffering. In more serious cases, courts may award punitive damages.

There are laws and regulations which may govern how and when you may file a claim for damages. These laws and regulations vary state by state. If you believe you may have a claim, we recommend that you retain competent legal counsel as soon as possible.

Consumer resources

  • U.S. Consumer Product Safety Commission (CPSC): Protects the public from unreasonable risks of injury or death that may be caused by using consumer products. Types of products in question number in the thousands.
  • National Highway Traffic Safety Administration (NHTSA): Employs research, education, safety standards and enforcement to reduce economic losses, save lives and prevent injuries caused by crashes in traffic.
  • Public Citizen: A nonprofit consumer advocacy organization that works toward improving the safety and effectiveness of passenger vehicles, energy sources, health and environmental protections, health care and prescription drugs, and related areas of concern.
  • Recalls.gov: Provides comprehensive recall information from six agencies that deal with unsafe, hazardous or defective products.
  • NHTSA.gov: Provides the public with vehicle defect and recall alerts, crash test and rollover ratings, and other safety information.

Defects that may lead to a defective product lawsuit

Courts generally recognize three main categories within the types of product defects. Each can form the basis of a defective product lawsuit.

Manufacturing defect

A manufacturing defect occurs during production or assembly. The product differs from its intended design and becomes unsafe because of an error in materials, or construction, or some other flaw in the manufacturing process.

Common defective product lawsuit examples involving manufacturing defects include contaminated food products, improperly assembled machinery, defective lithium-ion batteries or consumer goods built with faulty components. In many defective product lawsuit cases, only certain batches or units are affected.

Design defect

A design defect exists when a product is unsafe because of how it was designed. Even if it is manufactured correctly, the design itself creates unreasonable risks.

Equipment lacking adequate safety features, such as unsafe pressure cookers or products prone to overheating, may lead to a product defect lawsuit. Design-related defective product lawsuit cases often involve entire product lines rather than isolated units.

Failure to warn

Failure to warn claims arise when a company does not provide adequate safety instructions or disclose known risks.

Missing hazard labels, unclear directions or undisclosed side effects may support a defective product claim. A product defect lawsuit attorney will examine whether clearer warnings could have prevented the injury.

Missing hazard labels, unclear directions or undisclosed side effects may support a defective product claim. Failure to warn allegations have been raised in cases involving products such as military earplugs and certain e-cigarette products. A product defect lawsuit attorney can examine whether clearer warnings could have prevented the injury.

Support for those harmed by defective or recalled products

If you’ve been injured by a dangerous product, Motley Rice is here to help. Our team includes defective product attorneys and defective product lawyers who understand how to investigate complex product cases and pursue justice for victims.

For more information, contact our team by filling out our online form or call 1.800.768.4026.

Who may be liable in a defective product lawsuit?

Liability for defective products starts at the manufacturer, but may extend beyond. Depending on the circumstances, a defective product lawsuit may involve:

  • Manufacturers responsible for design and production
  • Designers or engineers involved in development
  • Distributors or wholesalers in the supply chain
  • Retailers that sold the product
  • Component part suppliers

Courts may apply strict liability, negligence or breach of warranty principles. A defective product law firm can investigate how the product was tested, marketed and distributed to determine responsibility.

Because these cases often involve catastrophic injuries such as brain trauma, serious burn injuries, or permanent spinal cord damage, expert testimony may be necessary to explain how the defect caused harm.

Do product recalls affect a defective product lawsuit?

You do not need a recall to file a defective product lawsuit.

Frequently, many people are injured before a recall is announced. In some situations, a product is never formally recalled. That does not mean it was safe.

A recall is meant to prevent future harm. It may involve repairing or refunding the product. However, it does not compensate people who were already injured.

In some defective product lawsuit cases, a recall notice may help support the claim. In rare situations involving concealed safety risks, a defective products whistleblower lawsuit may apply along with injury litigation.

The key question is whether a defect caused your injury, not whether the product was formally recalled.

Frequently asked questions about defective product lawsuits

When should I contact a product defect lawsuit attorney?

You should speak with a product defect lawsuit attorney as soon as possible after being injured by a dangerous product. An attorney can review the facts, preserve evidence and determine whether you may have a valid defective product lawsuit.

Can a defective product law firm handle cases without a recall?

Yes. A defective product law firm can pursue claims even if the product was never recalled. A recall is not required to file a lawsuit. What matters is whether a defect caused your injury.

Are some defective product lawsuit examples handled as class actions?

Yes. Some defective product lawsuit examples involve many consumers harmed by the same defect. In those situations, cases may proceed through coordinated litigation, including class action proceedings.

Our product liability litigation experience

If you or a loved one has been injured or killed by a defective product or a recalled product, Motley Rice can help. We have experience pursuing defective product lawsuit cases across multiple industries, and our team of defective product attorneys and defective product lawyers works closely with injured individuals and families.

Read more on our personal injury and wrongful death litigation.

What is a defective product lawsuit?

Defects that may lead to a defective product lawsuit

Who may be liable in a defective product lawsuit?

Frequently asked questions about defective product lawsuits

Our product liability litigation experience

About the Author

Kevin R. Dean | Motley Rice Attorney

Kevin R. Dean

Member

Focusing his litigation efforts on catastrophic injury, products liability, and wrongful death cases, Kevin Dean represents victims and families affected by hazardous consumer products, occupational and industrial accidents, fires, premise injuries, toxic exposure and other incidents of negligence. 

Sources
  1. Cornell Law School. product liability | Wex | US Law | LII / Legal Information Institute.