A product recall does not automatically give you a claim, and it does not take one away. A recall can support a Nevada injury claim, but you would still need to show that the product you used was defective and that the defect caused your injury.
A product recall attorney can help you sort out what a recall means for your situation. This guide explains what a recall does, what it does not do, and how it can matter as evidence.
Key Takeaways
- A recall is not required to bring a product liability claim.
- A recall does not by itself prove your injury was caused by a defect.
- A recall applies to the specific products identified in the announcement.
- Nevada has allowed post-accident remedial measures into evidence in strict liability actions.
- A recall remedy addresses the product, and may not address an injury.
What Does a Recall Do?
| Agency | Products | What a recall may involve |
|---|---|---|
| CPSC | Consumer products | A refund, repair, replacement, or other instructions |
| NHTSA | Vehicles, equipment, car seats, tires | A repair, replacement, refund, or, rarely, repurchase |
| FDA | Drugs, medical devices, and other regulated products | Removal or correction, classified by health risk |
NHTSA says a recall is issued when a manufacturer or NHTSA determines that a vehicle, equipment, car seat, or tire poses an unreasonable safety risk or fails minimum safety standards. CPSC says each recall it announces applies only to the specific brand and model identified.
What a Recall Does Not Do
- It does not prove your claim. You would still need to show the defect and causation.
- It does not cover every similar product. The brand, model, and date all matter.
- It does not always compensate injuries. A refund or repair addresses the product.
- It does not stop the deadline. Nevada’s filing period may keep running.
- It is not required. A product can be defective without any recall.
Can a Recall Be Used as Evidence in Nevada?
It may be. NRS 48.095 says evidence of subsequent remedial measures is not admissible to prove negligence or culpable conduct, though it can be offered for other purposes. In Jeep Corp. v. Murray, a 1985 decision, the Nevada Supreme Court said the statute applies only where negligence or other culpable conduct is alleged, and that the better rule is to allow post-accident remedial measures in an action based on strict liability. A court can still exclude such evidence on other grounds.
That case involved warning stickers, not a formal recall, and how a recall is treated can depend on the facts and on when it happened. A recall issued before an injury can raise different questions. A lawyer can explain how the evidence may be used.
What If You Were Hurt by a Recalled Product?
- Ending use of the product. CPSC recall notices tell consumers to stop using recalled products.
- Getting medical care. Records document your injury. For a recalled medication, talk with your prescriber before making a change.
- Preserving the product. Keeping the product and packaging can be critical. It can help to ask a lawyer before returning it or following a disposal instruction.
- Saving the recall notice. Letters, emails, and receipts can matter.
- Reviewing documents. A lawyer can review any document from the company before you agree to it.
- Reporting the problem. You can report unsafe products to CPSC through SaferProducts.gov, or vehicle safety issues to NHTSA.
What If You Got a Recall Notice and Did Not Act?
A company may argue that you ignored a recall notice. That could come up in a misuse or assumption of the risk argument. In Young’s Machine Co. v. Long, the Nevada Supreme Court described those as the defenses recognized in strict products liability. Whether such an argument succeeds depends on the facts. For vehicles, NHTSA says manufacturers must mail registered owners within 60 days after notifying NHTSA of a recall decision, so the notice may not have reached you.
What Is the Deadline?
Nevada generally allows 2 years to sue for personal injury under NRS 11.190(4)(e). Exceptions can apply, and a recall may matter to when a person knew or should have known of a claim. Our Nevada defective products page explains how these claims work.
Talk With a Nevada Defective Product Lawyer
Vaksman Khalfin, PC handles Nevada defective product claims and has an office in Las Vegas. A lawyer can review your situation and explain the options that may be available. Contact us or visit our Nevada defective products page to learn more.
General information, not legal advice. This page is provided for general informational purposes only and is not medical advice. No attorney-client relationship is formed by reading this page or contacting the firm. Prior results do not guarantee a similar outcome.
Reviewed by Robert B. Vaksman, Partner, Vaksman Khalfin, PC (admitted in Nevada). Last reviewed: 11/05/2026
Frequently Asked Questions
Usually not if you were not hurt. You can follow the recall instructions. A lawyer may help if you suffered an injury or property damage from the product.
You may be able to if the product was defective and caused your injury. The recall can be relevant, but it does not prove the claim by itself.
Not necessarily, but a signed release can end a claim, so the document's terms matter. A lawyer can review the terms and explain how they may affect you.
Possibly. A recall is not required. A claim depends on whether the product was defective and caused your injury.
