You can pursue a product liability claim even if a product was never recalled, as long as you can show it was defective and that the defect caused your injury. While a recall can support a claim, Washington law does not require one. Many unsafe products injure consumers before manufacturers or regulators take action, and some are never recalled at all. The key question is whether the product failed in a way that made it unsafe during normal use.
Does a Recall Have to Exist to File a Product Liability Claim?
No. A product recall is not a legal requirement for bringing a product liability case. Courts focus on whether the product was defective, not on whether a government agency or manufacturer issued a recall notice.
Recalls can be delayed, limited in scope, or avoided altogether. Injured consumers are not expected to wait for a recall before protecting their rights.
What You Must Prove If There Is No Recall
When no recall exists, your claim relies more heavily on evidence showing how the product failed or was dangerous. In most product liability cases, you must show:
- The product was defective or not reasonably safe
- The defect existed when the product left the manufacturer or seller
- You were using the product in a reasonably expected way
- The defect caused your injury
These requirements apply whether or not a recall has been issued.
Common Types of Product Defects
Product liability claims typically fall into one or more of these categories:
Design defects
The product was unsafe as designed, even if it was manufactured correctly. Every unit carries the same risk. For example, a table saw without a safety guard.
Manufacturing defects
An error during production caused a particular unit of the product line to be dangerous, even though the overall design may be sound. For example, a ladder that breaks during normal use.
Failure to warn or instruct
The product lacked adequate warnings or instructions, increasing the risk of injury during foreseeable use. For example, a fire pit that does not instruct on how to safely load fuel.
A recall may later address one of these issues, but proof can exist long before that happens.
How a Defect Is Proven Without a Recall
When a recall is not available, evidence becomes especially important. A product liability case may rely on:
- The product itself and its condition after the incident
- Medical records connecting your injuries to product use
- Photos, videos, or incident documentation
- Testing or technical analysis of the product
- Evidence of similar incidents involving the same product
Patterns of injuries or prior complaints can reveal defects even when no recall exists.
Who Can Be Held Responsible?
Responsibility is not limited to the manufacturer. Depending on how the product reached the market, liable parties may include:
- The company that branded the product or holds itself out as the manufacturer
- Component or parts suppliers
- Distributors or wholesalers
- Retailers that sold the product
Washington law allows claims against multiple parties involved in placing a defective product into consumers’ hands, depending on the circumstances.
What If the Product Is Recalled Later?
A recall issued after your injury can strengthen your case by supporting evidence of a defect or showing prior knowledge of the risk. However, your right to pursue compensation does not depend on a recall happening first.
Waiting can be risky. Evidence can be lost, and filing deadlines still apply even if no recall is ever issued.
When to Talk With a Lawyer About a Non-Recalled Product
If a product injured you during normal use and something clearly went wrong, it may be worth exploring a claim, even without a recall. We can assess the facts, help preserve evidence, and determine whether the product’s failure supports legal action.
Taking the Next Step After a Product Injury
When you are injured by a product that should have been safe, you deserve clear answers and accountability. Stritmatter Law can review what happened, explain your options under Washington law, and help you decide how to move forward. Reach out to discuss your situation and learn whether a product liability claim may be available.
