A recalled product can cause serious injuries, including burns, fractures, cuts, electric shock, poisoning, crashes, or long-term medical problems. Recalls may involve vehicles, appliances, tools, children’s products, medical devices, electronics, furniture, or household items. If you were injured by a recalled product in New Jersey, the steps you take after the injury can affect your ability to bring a claim.
Get Medical Care First
The first priority is medical treatment. Even if the injury seems minor, it is important to have a doctor evaluate it. Some injuries worsen over time, and medical records help connect the injury to the defective product. Emergency room records, doctor visits, imaging, prescriptions, physical therapy notes, and specialist reports may all become important evidence.
Delaying treatment can give an insurance company or manufacturer an argument that the injury was not serious or was caused by something else.
Do Not Throw Away the Product
The product itself may be the most important evidence in the case. Do not throw it away, repair it, return it to the store, or send it back to the manufacturer before it is documented. Keep the product, packaging, instructions, receipts, warning labels, parts, batteries, chargers, cords, and any broken pieces.
If the product is dangerous to store, take photos and keep it in a safe place if possible. A lawyer or expert may need to inspect it later to determine what went wrong.
Confirm the Recall
A recall can help show that a product had a known safety issue, but it does not automatically prove that the recall caused your injury. You should save any recall notices, emails, letters, website screenshots, or manufacturer announcements related to the product.
Consumers can search product recalls through the U.S. Consumer Product Safety Commission, and unsafe consumer products can also be reported through CPSC’s reporting system. For vehicles, car seats, tires, and vehicle equipment, the National Highway Traffic Safety Administration provides recall lookup tools, including VIN searches for vehicles.
Document Everything
Take clear photos of the product, the injury, the accident scene, warning labels, model numbers, serial numbers, receipts, and packaging. If there were witnesses, write down their names and contact information. Keep copies of medical bills, lost wage records, repair estimates, and any communication with the manufacturer, retailer, or insurance company.
If the product caused a fire, crash, or serious accident, official reports may also be important. This may include police reports, fire department reports, workplace reports, or incident reports from a store or business.
Understand New Jersey Product Liability Law
In New Jersey, a product liability claim may be based on a manufacturing defect, defective design, or failure to provide adequate warnings or instructions. Under the New Jersey Product Liability Act, a manufacturer or seller may be liable if the product was not reasonably fit, suitable, or safe for its intended purpose.
The recall may support the claim, but the injured person still needs evidence showing that the product defect caused the injury and that damages resulted.
Avoid Quick Settlement Offers
A company or insurance carrier may contact you after the incident. They may ask for a statement, request the product, or offer compensation. Be careful before accepting an offer or giving away the product. Once the product is lost or the claim is settled, it may be difficult to prove the full extent of your damages.
Final Thoughts
If you were injured by a recalled product in New Jersey, preserve the product, get medical care, confirm the recall, document your damages, and avoid giving up important evidence. A recall can be an important part of a product liability claim, but strong proof is still needed to show how the defect caused the injury and how the injury affected your life.