Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Does a product recall mean I cannot sue the manufacturer?
No. A recall is an acknowledgment that the product is dangerous, not a shield against lawsuits. In New York, you can still pursue a strict products liability claim — for design defect, manufacturing defect, or failure to warn — even if a recall was issued before or after your injury. The recall may actually strengthen your case by showing the manufacturer knew about the hazard.
What legal theories apply to product recall injury cases in New York?
New York recognizes three grounds for strict products liability: (1) design defect, where the product’s design was unreasonably dangerous; (2) manufacturing defect, where a specific unit deviated from the intended design; and (3) failure to warn, where the manufacturer did not adequately alert consumers to a known risk. You do not need to prove negligence — you need to show the product was defective and that defect caused your injury.
How long do I have to sue after a recalled product injures me in NY?
New York’s statute of limitations for personal injury claims is three years from the date of injury under CPLR §214. If the injury was not discovered immediately — such as with toxic exposure or a latent condition — the clock may begin on the date of discovery. Do not wait for a recall or a government investigation to start; once the three-year window closes, you generally cannot bring a claim.
What if I ignored the recall notice and was still injured?
Failing to act on a recall notice can raise a comparative negligence argument by the defense, potentially reducing your compensation. Under New York’s pure comparative fault rule, your damages are reduced by your percentage of fault, but you are not barred from recovery even if you were partially at fault. An attorney can help evaluate how a missed recall affects the value of your specific claim.