Many people assume there is only a product liability case if a product has already been officially recalled.
That’s not always true.
In South Carolina, a dangerous or defective product can still lead to a legal claim even if:
- There has not been a recall
- The product is still being sold
- The manufacturer has not admitted fault
- You are one of the first people injured
At KJW Law Firm, based in Anderson, SC, we know product liability cases are often more complicated than people expect. A product does not have to make national headlines before it causes serious harm.
What Is a Product Recall?
A product recall is typically issued when a manufacturer or government agency identifies a product that may create a safety risk for consumers.
According to the U.S. Consumer Product Safety Commission (CPSC), recalls may involve dangerous household products, appliances, batteries, children’s products, electronics, and other consumer goods linked to injury risks.
Vehicle-related recalls are commonly tracked through the National Highway Traffic Safety Administration (NHTSA), which investigates potential vehicle safety defects involving:
- Cars
- Vehicle parts
- Tires
- Car seats
- Safety equipment
Some recalls happen after multiple injuries are reported. Others may happen after safety testing, investigations, or consumer complaints.
But a recall is not required for someone to suffer a serious injury.
Can You File a Claim Without a Recall?
Yes, a product liability claim may still exist even if the product has never been recalled.
A recall can strengthen a product liability case, but it is not what creates the legal claim in the first place. The legal issue is whether the product was unreasonably dangerous or defective.
In some situations:
- The manufacturer may not yet know about the problem
- Injuries may not have been widely reported yet
- An investigation may still be ongoing
- The company may dispute that the product is defective
The CPSC’s public reporting system also allows consumers to report potentially dangerous products, which can sometimes contribute to later investigations or recalls.
That means a product may still be dangerous even if no official recall has been announced.
What Makes a Product “Defective”?
In general, product liability claims often involve one of three issues:
Design Defects
The product was dangerous because of the way it was originally designed.
Manufacturing Defects
Something went wrong during production or assembly.
Failure to Warn
The company failed to provide proper warnings, instructions, or safety information.
These issues can exist whether or not a recall has been issued.
Common Products Involved in Injury Claims
At KJW Law Firm, dangerous product cases may involve:
- Lithium-ion batteries
- Vehicle parts
- Appliances
- Electrical equipment
- Power tools
- Industrial machinery
- Children’s products
- Defective safety equipment
Recent recalls and investigations have involved products ranging from household appliances and batteries to children’s products and vehicle components.
Some defective products may cause:
- Burn injuries
- Electrical injuries
- Fires
- Explosions
- Crush injuries
- Severe lacerations
- Catastrophic injuries
In many cases, the product looked completely normal before the incident happened.
Why Evidence Matters in Product Liability Cases
If a product causes an injury, preserving evidence can be extremely important.
If possible:
- Keep the product
- Do not attempt repairs
- Preserve packaging and instructions
- Take photographs of the product and injuries
- Keep medical records and receipts
In product liability cases, the product itself may become one of the most important pieces of evidence.
Throwing the product away too early can make the case more difficult later.
Product Liability Cases Are Often More Complex Than People Realize
These cases may involve:
- Manufacturers
- Distributors
- Retailers
- Component manufacturers
- Engineering experts
- Fire investigations
- Product testing
- Corporate records
In some situations, multiple companies may share responsibility for the same injury.
That is especially true in cases involving:
- Vehicle fires
- Defective batteries
- Industrial equipment
- Electrical failures
- Burn injuries
- Explosions
What To Do After a Product-Related Injury
If you believe a dangerous product caused an injury:
- Seek medical attention immediately
- Preserve the product if possible
- Photograph injuries and the scene
- Keep receipts or purchase records
- Avoid altering the product
- Speak with an attorney before accepting a settlement
The earlier the evidence is preserved, the stronger the investigation may be.
Contact a South Carolina Product Liability Lawyer
At KJW Law Firm, we represent individuals and families across South Carolina in serious product liability and catastrophic injury cases.
Our firm handles claims involving:
- Defective products
- Burn injuries
- Vehicle fires
- Electrical injuries
- Trucking accidents
- Complex civil litigation
If you or a loved one was injured by a dangerous or defective product, contact KJW Law Firm today for a case evaluation. We are here to help you understand your options and pursue the accountability you deserve.
