Can I File a Claim If a Recalled Product Injured Me Before the Recall Was Announced?

Yes, you can file a claim if a recalled product injured you before the recall was announced. Arizona law permits individuals harmed by defective products to seek compensation, regardless of when a recall occurs. The key is to demonstrate that the product was defective and caused your injury.

Recent Case in Arizona

In November 2025, an Arizona family filed a lawsuit against ByHeart, a baby formula manufacturer, after their infant was hospitalized with botulism linked to the company’s product. The recall was announced after the child had already suffered harm, highlighting that injuries occurring before a recall can still lead to legal action. Source

Arizona Law and Your Rights

Under Arizona Revised Statutes § 12-681 through § 12-689, individuals can pursue product liability claims if they can prove that a product was unreasonably dangerous and caused injury. The absence of a recall at the time of injury does not prevent you from seeking compensation. Source

Statute of Limitations

Arizona law imposes a two-year statute of limitations for personal injury claims, starting from the date of injury or when you became aware of the injury. Additionally, a statute of repose generally bars product liability actions filed more than twelve years after the product was first sold. It’s crucial to act promptly to preserve your rights. Source

What To Do Next

If you’ve been injured by a defective product, it’s essential to consult with experienced personal injury attorneys. At Hirsch Talcott, our team, including attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, is dedicated to advocating for injured Arizonans. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. Learn more about attorney Jack Hirsch

For a free consultation, contact Hirsch Talcott at 602-903-6000. Let us help you navigate your legal options and pursue the compensation you deserve.

Where to get help

If this situation applies to you, Hirsch Talcott offers a free consultation — speak with a Phoenix defective product lawyer to understand your options.