What Happens If You're Injured by a Recalled Product?
If you or someone in your family has been injured by a product—whether or not it's been recalled—here's what you should do to protect your health, document the incident, and report it to the proper authorities.
Important: This guide provides general information only and is not legal or medical advice. For medical emergencies, call 911. For legal questions, consult a lawyer.
Immediate Steps to Take
First Priority: Get Medical Help
Your health and safety come first. For emergencies, call 911. For non-emergencies, visit a walk-in clinic or call 811 (Healthlink) for advice.
- 1Stop using the product immediately
Remove it from use to prevent further injury to yourself or others.
- 2Seek medical attention
Even for minor injuries, get checked by a healthcare provider. Some injuries may not be immediately apparent.
- 3Keep the product
Do not throw away or return the product yet. It may be needed for investigation.
Documenting the Incident
Thorough documentation is important for reporting, potential insurance claims, and protecting your interests:
Take Photos
- • Photos of the product and any defect
- • Photos of the injury (if visible)
- • Photos of the product label, model number, serial number
- • Photos of the scene where the incident occurred
Write Down Details
- • Date, time, and location of the incident
- • Exactly what happened and how
- • Who was present (potential witnesses)
- • How you were using the product
- • Any sounds, smells, or warnings before the incident
Keep Medical Records
- • Emergency room or clinic visit records
- • Doctor's notes and diagnoses
- • Prescriptions and treatment plans
- • Receipts for medical expenses
Save Purchase Information
- • Receipt or proof of purchase
- • Credit card statement showing the purchase
- • Product packaging and instructions
- • Warranty information
Reporting to Authorities
Reporting product injuries helps protect other consumers and can lead to recalls or safety improvements. In Canada, you should report to the appropriate agency based on the product type:
Consumer Products (toys, furniture, electronics, etc.)
Report to Health Canada via the Consumer Product Incident Report form.
Report a consumer product incidentHealth Products & Medical Devices
Report to Health Canada via the Canada Vigilance Program.
Report an adverse reactionYou can also check if the product has already been recalled on our recalls search page.
Preserving Evidence
The product that caused the injury is important evidence. Here's how to preserve it:
- Do not modify or repair the product — Leave it exactly as it was after the incident
- Do not return it to the store — At least not until you've documented everything and consulted with authorities
- Store it safely — Keep it in a secure location where it won't be accidentally used, damaged, or thrown away
- Limit handling — The less it's touched, the better for any potential investigation
- Keep all parts — Including broken pieces, packaging, manuals, and accessories
Important Note
If the product poses an ongoing danger (e.g., leaking chemicals, fire risk), safely contain or dispose of it as needed—safety comes first. But try to document it thoroughly with photos first.
What Happens Next
After you've addressed immediate safety and reported the incident:
Regulatory Investigation
Your report will be reviewed by the appropriate agency. They may contact you for more information or to examine the product. Your report contributes to decisions about recalls and safety warnings.
Manufacturer Contact
You may choose to contact the manufacturer directly to report the incident. This isn't required, but manufacturers sometimes offer compensation or settlements.
Legal Options
If you've suffered significant injury or losses, you may want to consult a lawyer about your options. This is especially relevant for serious injuries or if the product was already recalled when you were injured.
Common Questions
Should I report an injury even if the product was already recalled?
Yes. Reporting helps regulatory agencies track the severity and frequency of injuries, which can lead to faster action on recalls and help protect other consumers. Your report contributes to product safety improvements.
Can I sue the manufacturer for injuries from a recalled product?
This guide provides general information only, not legal advice. Product liability laws vary by province, and you should consult with a lawyer if you believe you have a legal claim. Keep all evidence and documentation.
What if the injury happened before the recall was announced?
You can still report the injury to the regulatory agency. In fact, consumer injury reports often help trigger recalls. Your report may help protect others from the same hazard.
Disclaimer: This guide is for informational purposes only and does not constitute legal or medical advice. For medical emergencies, call 911. For legal matters, consult with a qualified lawyer in your province.