If you’ve been injured by a product that hasn’t been recalled, you may wonder whether you still have legal options. The short answer is yes—product recalls do not need to occur before a defect-related personal injury claim can be filed. When a product causes harm due to a design flaw, manufacturing defect or lack of adequate warnings, you may be entitled to compensation as a result of your harm, even if the item remains on store shelves.

Product liability law allows injured consumers to hold manufacturers, distributors and sometimes retailers accountable for unsafe products. These claims generally fall into three categories: design defects, manufacturing defects and failure to warn. A product doesn’t have to be part of a recall to fall under one of these categories. If the item failed to perform as safely as a reasonable consumer would expect, you may have a case.

Seeking justice for harm caused by a defective or unreasonably dangerous product

After an injury, your first priority should be seeking medical attention. Prompt documentation of your injuries can help both your recovery and any legal claim you may opt to file. Keep all records related to your treatment, including doctor’s notes, prescriptions, imaging results and medical bills. These documents can help to illustrate the extent of your injuries and link them directly to the product in question.

It is also important to preserve the product itself, its packaging and any instructions or warnings that came with it. Do not attempt to repair or alter the item, as its current condition could be valuable evidence in demonstrating how and why it caused harm.

Even if the product hasn’t been recalled, your claim could help uncover a broader safety issue. In some cases, an individual lawsuit is the first sign that a product may be dangerous to the public. If other injuries are reported, regulatory agencies like the Consumer Product Safety Commission may eventually issue a recall.

You don’t have to wait for a recall to assert your rights. If a product has injured you, its manufacturer may be legally responsible regardless of whether they’ve taken corrective action. Seeking legal guidance promptly can help you to protect your interests and to potentially hold negligent parties accountable.