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Deans Stepp Law
 214-572-1957
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  5. How to limit legal and financial fallout before a product recall

How to limit legal and financial fallout before a product recall

On Behalf of Deans Stepp Law | Mar 27, 2026 | Tort Litigation

Not all Texas companies will immediately discover a defect in their products. Some businesses find out after a customer files a formal complaint or after receiving safety reports or internal testing. When you delay your response to the problem, legal risks and financial losses can grow quickly.

Why a recall is bad for business

When you have to do a product recall, you are telling the world that you did something wrong. If you do not do anything about it, plaintiffs can argue that you ignored safety hazards and they will want to hold you accountable. Legal counsel can help you analyze your compliance duties and any potential liability. Your part is to try your best not to delay in any way to prevent more problems later.

Internal investigations to help control damage

Texas follows the modified comparative fault standard. This means if a plaintiff is more than 50% at fault for their own injury, they cannot pursue compensation. If someone misused your product or ignored a clear warning label, you may have a strong defense. However, know that this protection only works if you can show you did your part. This includes providing adequate warnings, following safety standards and responding as soon as the problems come to light. Without prompt action, courts may decide the fault lies with you, not the customer.

Do not wait until it is too late

Delays turn small problems into company-threatening crises. Regulators impose heavier fines when they believe you knew about a defect and sat on it. Insurers may deny coverage if your response looks negligent. Customers lose trust, and your brand takes a hit that lasts years. The longer you wait to address a known defect, the harder it becomes to prove you acted in good faith.

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