Arizona Recall Alerts: What If You’re Injured Before a Product Is Recalled?

Most of us like to believe that the products we buy, from kitchen appliances to cars to children’s toys, are safe to use. That’s why it’s so alarming when a recall alert flashes across the news or social media. It’s even worse if you realize you were already injured by that product before the recall happened.

If you live in Arizona and find yourself in that situation, you might wonder: Do I still have a legal case? Does the lack of a recall at the time mean the company isn’t responsible? How do I prove the product was defective? Here’s the good news: you have options, and the product liability lawyers at Plattner Verderame Arizona Injury Lawyers can help.

What is a product recall?

A product recall is when a manufacturer or government agency (like the Consumer Product Safety Commission or the National Highway Traffic Safety Administration) announces that a product has a safety defect or violates safety standards. Sometimes the recall is voluntary, with the manufacturer taking action after discovering a problem. Other times it’s mandatory, triggered by a government investigation. Recalls can happen for all kinds of products:

• Vehicles and auto parts (airbags, brakes, tires)
• Household appliances (space heaters, microwaves)
• Food products (salmonella contamination, undeclared allergens)
• Children’s products (cribs, strollers, toys with choking hazards)

In Arizona, these recalls get publicized through national databases, local news, and sometimes even direct mail or email from the manufacturer. But here’s the catch: many dangerous products stay on the market for months or even years before anyone issues a recall notice.

Why recalls often come too late

You might assume that as soon as a company finds out about a defect, they’ll alert the public right away. Unfortunately, that’s not always the case. Sometimes:

• Manufacturers don’t know yet, as the defect hasn’t been reported enough times to catch their attention.
• They know, but they’re investigating. Companies may drag out internal testing before making it public.
• They know, but they delay to avoid bad press, lawsuits, or costly fixes.

For example, the Takata airbag recall, one of the largest in U.S. history, unfolded over several years. Millions of drivers were still using cars with defective airbags well after injuries and deaths had already occurred.

Do I have a case if there’s no recall?

Yes. Arizona product liability law doesn’t require a recall for you to have a claim. Under Arizona Revised Statutes § 12-681 et seq., a product is considered defective if it:

• Has a design flaw that makes it unreasonably dangerous
• Was manufactured incorrectly (even if the design is safe)
• Lacked adequate warnings or instructions

If you can prove that the defect existed when it left the manufacturer and that the defect caused your injury, you can pursue compensation, a recall, or no recall. In other words, the lack of a recall does not shield a company from liability. Your injury itself may even contribute to a recall if it points to a previously undetected safety issue.

Could my injury cause a recall?

Manufacturers and government agencies often act only after enough complaints or incident reports pile up. If you’re injured and file a product liability claim, it can:

• Put the company on notice about the defect
• Trigger an internal investigation
• Lead to regulatory agencies stepping in

Your case could help protect other consumers by raising awareness of the problem and potentially prompting a recall.

How can I prove a product defect if there is no recall?

When a recall has already happened, it’s easier to show a defect. The recall notice itself is strong evidence. But without a recall, your legal team needs to dig deeper. Our skilled Phoenix product liability lawyers will work to:

• Secure the product itself. Never throw it away. This is your most important piece of evidence.
• Collect all packaging, instructions, and receipts. These can help show the product was used as intended.
• Document your injuries. Medical records, photos, and doctor statements can all link your harm to the product.
• Investigate similar incidents. Your lawyer can search databases like the CPSC’s SaferProducts.gov or NHTSA reports to find patterns.
• Hire expert witnesses. Engineers, safety experts, or industry specialists can explain how the product failed.

The goal is to show the court (or the manufacturer’s insurance company) that the product was unreasonably dangerous, and that the danger caused your harm.

Examples of Arizona-related product recalls

While your injury might happen before any public announcement, Arizona has seen plenty of recalls in recent years that illustrate the risks:

• The CPSC recalled certain models of baby loungers after reports of suffocation deaths nationwide. Some incidents were reported months before the recall.
• A popular brand of electric scooters was recalled after battery defects caused fires and injuries.
• NHTSA recalled thousands of vehicles sold in Arizona due to faulty brake systems.

In many of these cases, people were hurt before the recall, and their claims were still valid.

Why you shouldn’t wait for a recall to act

Waiting for an official recall can be risky for several reasons:

• In Arizona, you typically have two years from the date of injury to file a product liability claim. For children, the clock often starts when they turn 18.
• Evidence can disappear. The longer you wait, the harder it is to preserve the defective product or find witnesses.
• Your case could help others. Filing now may lead to a faster investigation and protect more people from harm.

If you suspect a defective product caused your injuries, act immediately. Don’t assume you need to wait for a recall.

What steps should I take if I’m injured by a defective product in Phoenix?

If you’re injured from a defective product, you should take the following actions:

• Get medical treatment right away. Your health comes first, and medical records are critical evidence.
• Preserve the product. Store it in a safe place, along with any packaging, manuals, and receipts.
• Take photos or videos. Document the product, the defect (if visible), and your injuries.
• Write down what happened. Include details about when, where, and how you were using the product.
• Check for similar incidents. Search the CPSC, FDA, or NHTSA databases for complaints or early warnings.

Contact the Phoenix product liability lawyers at Plattner Verderame. We can investigate whether you have a case and start protecting your rights immediately.

How our Phoenix defective products attorneys can help

Cases involving injuries before a recall can be complex. Manufacturers and their insurance companies often argue:

• The product was safe at the time of sale
• You misused the product
• Your injury came from something else entirely

Our experienced Arizona product liability lawyers know how to counter these defenses by:

• Gathering and preserving evidence before it disappears
• Finding other consumers with similar problems
• Bringing in industry experts to testify
• Negotiating with manufacturers for a fair settlement
• Taking your case to court if necessary

At Plattner Verderame, we’ve handled product defect cases where recalls happened only after our client came forward. We understand the urgency and the stakes, and we fight to hold companies accountable.

Remember, if you were injured by a dangerous or defective product in Arizona before it was officially recalled, you still have legal options. A recall isn’t necessary to prove your case. What matters is showing that the product was defective and that the defect caused your harm.

If you or a loved one was injured by a defective product, recall or no recall, Plattner Verderame can help. We’re prepared to investigate your case, determine whether the product was unreasonably dangerous, and fight for the compensation you deserve. Call our Phoenix product liability attorneys today or complete our contact form to arrange a free consultation. We take defective product cases on a contingency fee basis. We maintain an additional office in Tempe for your convenience, and we serve clients throughout Maricopa County.