I suffered an injury while using a product that had already been recalled. Am I still able to make a claim?
Likely, yes. If you were seriously injured by a product that had been the subject of a recall and you were not aware of the recall, you may have an actionable claim. If you were aware of the recall or ought to have been aware of the recall based on the steps the manufacturer or regulator took to communicate with expected users, you may have more difficulty making a claim because the defendant will likely argue you showed contributory negligence by using the product after you were warned about a danger. If the person responsible for a product was aware of a recall notice and allowed it to be used by another person without informing them of the possibility of a danger or defect, they may share in liability over any damages.