Understanding Product Recalls and Your Legal Rights in Georgia

A product recall happens when a manufacturer or government agency warns consumers that a product poses a safety risk or fails to meet safety standards. Georgia consumers have specific rights in instances where a defective or unsafe product causes harm. 

A recall notice does not automatically erase a company’s responsibility for injuries or losses resulting from the recalled product. Manufacturers, distributors, and retailers must make sure their products are safe before selling them. If they fail to do so, injured consumers can take legal action. 

Georgia law allows people to recover compensation for medical costs, lost income, and other losses linked to recalled products. Even if a recall is only issued after an injury occurs, affected consumers can still take legal action against the party responsible for selling or distributing the dangerous item. If you’ve been affected by a product recall, contact The Scott Pryor Law Group for a free consultation.

What Product Recalls Mean for Georgia Consumers

A recall signals that a product could cause injury, illness, or property damage, even if it’s used as intended. For Georgia consumers, a recall should trigger prompt action. Buyers should stop using the product, check recall notices for repair or replacement options, and keep any records related to the purchase or injury. 

Companies often issue recalls through the Consumer Product Safety Commission (CPSC) or other agencies, but some drag their feet on alerts or fail to notify all buyers. Consumers can still hold those companies accountable if harm occurred before or during the recall process. 

Georgia’s product liability laws allow claims for injuries related to defective design, manufacturing errors, or failure to warn about known risks. And a recall can strengthen consumers’ cases by showing that the company eventually identified a safety issue but did not act quickly enough to protect buyers.

Your Legal Rights When Products Are Recalled in Georgia

Georgia law gives consumers several legal paths to recovery when defective products cause harm. Victims can bring a claim based on strict liability, negligence, or breach of warranty:

• The legal concept of strict liability allows consumers to hold a company responsible even if it did not act carelessly, as long as there’s proof that its product was unreasonably dangerous. 
• Negligence claims focus on whether the company was negligent, meaning it failed to act as a reasonable manufacturer or seller would. 
• A breach of warranty claim covers situations in which the product did not perform as promised. 

A recall notice can support any of these claims by proving that a company knew about the defect and did not prevent it from reaching consumers in time.

Federal and State Agencies Overseeing Product Safety

Several agencies protect Georgia consumers from unsafe products: 

• The CPSC oversees recalls for household goods, toys, electronics, and other consumer products.
• The Food and Drug Administration (FDA) monitors food, drugs, and medical devices. 
• The National Highway Traffic Safety Administration (NHTSA) handles recalls for vehicles and related equipment. 
• The Georgia Department of Law’s Consumer Protection Division investigates complaints and enforces product safety laws at the state level.

These agencies can issue recalls, levy fines, and require manufacturers to take corrective actions if they sell unsafe products. However, agency actions do not replace an individual’s right to sue. Even when regulators intervene, injured consumers can still take separate legal action to recover compensation for their specific injuries, losses, and related expenses.

When You’re Injured by a Recalled Product

Here’s what you should do to preserve your right to seek compensation if you suffer an injury from a recalled product in Georgia:

• Get medical attention right away and follow all treatment instructions.
• Stop using the product immediately to prevent further injury or damage. Keep the product, its packaging, and any instructions or warning labels as evidence. 
• Take clear photos of the product, your injuries, and any property damage. Save receipts, order confirmations, or bank statements that show when and where you bought the product.
• Check official recall notices to confirm details about the defect and recall date.
• Report your injury to the manufacturer and the CPSC.
• Write down everything that happened, including the date, how you used the product, and how the injury occurred.
• Avoid posting about the incident on social media to protect your potential claim.
• Contact a product liability lawyer to discuss your legal options.

Types of Product Liability Claims in Georgia

Several types of legal claims may apply if a defective or recalled product causes harm to Georgia consumers. Each type of claim differs based on how the product failed and who is responsible.

Defective Design Claims

A defective design claim argues that the product was unsafe from the start and that the flaw exists in every item made according to that design. Defective design claims focus on how the design created an unreasonable risk that could have been avoided with safer engineering or materials.

Manufacturing Defect Claims

A manufacturing defect claim applies when a product is dangerous due to an issue that arose during its production. The issue could involve poor-quality materials, assembly mistakes, or contamination. Only some units might have this type of defect, even if they’re from the same location and the same design.

Failure to Warn Claims

A failure-to-warn claim arises when a company does not provide clear instructions or warnings to consumers about a product’s potential risks. Manufacturers must alert consumers to known hazards and explain how to use their products safely, or people can get hurt.

Compensation Available for Recalled Product Injuries

If a recalled product injures you, you could have grounds to seek financial recovery for your losses. The types and amounts of compensation you might get will vary based on how the injury affected your health, income, and daily life. Depending on the circumstances, you could receive compensation for:

• Medical expenses
• Future medical care costs
• Lost income
• Loss of future earning ability
• Pain and suffering
• Emotional distress
• Property damage costs
• Rehabilitation costs
• Loss of enjoyment of life

Contact The Scott Pryor Law Group Today

If a recalled or defective product injured you, the Scott Pryor Law Group can review your situation and explain your legal options. Our lawyers handle product liability claims across Georgia and fight tirelessly for the fair results our clients deserve. Contact us now to arrange your free initial consultation and learn how we can help you move forward.

Scott Pryor

Managing Attorney | CEO

Scott is a U.S. Marine Veteran. He is a member of the State Bar of Georgia and is listed in the top 1% of trial attorneys in the nation by the Litigator Awards. He is also a member of Super Lawyers, National Trial Lawyers, the Georgia Trial Lawyers Association—Champion Level and sits on the Communications Committee of GTLA and the Multi-Million Dollar Advocates Forum.

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