From a manufacturer's point of view, initiating a product recall shows responsibility and commitment to consumer safety. From the public's, however, it often just looks like a company trying to cover its rear after making and selling a defective or dangerous product—especially if that product hurt or killed someone. But is a manufacturer recall an admission of responsibility for those injuries?

Answer: No, manufacturer recalls are not typically considered admissions of guilt or civil liability even though they may acknowledge a defect or malfunction that caused harm.

In this article we'll talk about the main reasons manufacturers put out recalls, as well as how those recalls may be relevant to someone hurt by the related products.

Why Do Manufacturers Issue Recalls?

Recalls aren't always issued for identical reasons; depending on the circumstances surrounding a particular product, manufacturers may have different motives for trying to round it up. Among the most common are:

• A voluntary precaution to prevent potential harm: Many recalls are issued when a manufacturer's quality control tests find a potential problem. In many cases the recall is proactive and goes out before anyone is harmed.
  
  Here's a fictional example: "Out of an abundance of caution, Widgets Unlimited is voluntarily recalling the WidgMax 5000 in response to a potential safety concern related to incorrectly threaded flanges. If the flanges become uncoupled from the Kubler array, the WidgMax 5000 may experience a spontaneous combustion event." The language only acknowledges something like that could happen, from which people are meant to conclude that it hasn't yet.
  
  Frankly, this is how manufacturers want the public to see recalls. It suggests a safety-conscious company that watches out for its consumers. The language is always worded to sound like the company found out before anyone got hurt, which is often (but not always) true.
  
  
• Compliance with regulatory requirements: Government agencies like the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), and the National Highway Traffic Safety Administration (NHTSA) occasionally change or add to the safety regulations governing their respective areas of oversight. If those regulations change, or if a product didn't comply with them in the first place, then the product may be recalled so the manufacturer can fix it to meet specifications.
  
  Also, if the company doesn't initiate a recall for a faulty part or product, then one of those agencies might do it instead. Many companies will start the recall themselves to avoid looking like they ignored an issue so long that the government had to step in.
  
  
• A response to complaints or reported incidents: This is the category of recall manufacturers do not want people to think about. In many cases, recalls are issued because manufacturers (or their federal oversight agencies) get complaints or reports suggesting the product malfunctioned—often in a way that caused harm.
  
  These are the recalls most often associated with lawsuits—not because they create some kind of "automatic liability" condition for the manufacturer, but because they are often issued in response to one or more people getting seriously injured by a product. Over the years we've seen everything from smartphones to blenders to cars (so, so many cars) recalled by their makers for parts that break or explode or otherwise fail to do their jobs.

A Recall Doesn't Automatically Make a Manufacturer Liable

If investigations or lawsuits result from a product defect, the details surrounding a related recall could potentially be used as evidence in determining manufacturer responsibility. However, as we said at the beginning, that recall doesn't make the defendant automatically liable for anyone's injuries.

To show the manufacturer was responsible, the plaintiff would have to prove the specific product in question—whether it's an airbag, a home appliance, or any other product that failed during normal use—was defective, and that the defect caused their injuries. A recall related to that defect might be admitted as evidence that it existed in the plaintiff's product, but further clear evidence like expert testimony and witness statements would likely be necessary as well.

Can I Still Pursue a Product Liability Claim Even If The Manufacturer Issued a Recall?

The bottom line here is that manufacturer recalls don't excuse them from making and/or selling a faulty product. The recall is an acknowledgment of their mistake, and ideally it will reach most or all customers before the product malfunctions and harms them, but victims of those accidents should know that a recall is not a "get out of lawsuit free" card. Since the company has little motivation to tell people that, we're here to do it instead. However, just because it's possible to sue them doesn't mean that's ever a simple undertaking. That's why it's often best to get in touch with an experienced products liability attorney.

The lawyers at Grossman Law Offices have decades of experience helping people who were hurt or lost a loved one to a defective product, including many whose vehicles malfunctioned in a crucial moment. If you have additional questions or if you'd like to talk with one of our attorneys about an incident, call Grossman Law Offices any time for a free and confidential consultation.