Yes. A product recall may not happen until after an injury occurs. In New Mexico, an injured person may still have a product liability claim if a defect caused the harm. A recall is not needed to seek compensation. Knowing the legal options can help protect a potential claim.
Evidence that supports a product liability claim
A product recall is not needed to file a product liability claim in New Mexico. A product can have a dangerous defect before a recall is announced. A later recall may support the claim, but that alone does not decide whether the claim is valid.
Factors that may support a claim include:
- Product defect: Evidence can show that the product had a design, manufacturing or safety problem.
- Injury link: Medical records and other evidence may show that the defect caused the injury.
- Manufacturer fault: Records may show that the manufacturer failed to design, test or warn about the product.
- Warranty issues: The product may not have met its promised safety or quality standards.
- Supply chain role: A manufacturer, distributor, retailer or another party may share responsibility.
Reviewing the available evidence can help determine whether a product liability claim may proceed before a recall is issued.
How can a later recall affect your injury claim?
A later recall does not automatically prove that a manufacturer is responsible. However, it can support a product liability claim by showing that the product may have had a defect before your injury happened. It may also help show that you did not ignore a known safety warning because no recall existed at the time of the incident.
Strong evidence remains important. You should keep the product, packaging, instructions, purchase receipts, photos, videos and medical records. After a recall, the product should not be used, as continued use can increase the risk of injury. Reporting the incident to the Consumer Product Safety Commission (CPSC) or, when appropriate, the Food and Drug Administration (FDA), can also help create a record of the problem.
Pursuing justice after an injury
A recall may come after the damage is already done, but it does not remove the right to seek justice. A defective product can cause serious injuries, financial losses and long-term health effects. Finding the cause of the injury and identifying responsible parties can help determine the right path forward. Knowing the available legal options can help you protect your rights and pursue fair compensation.