Augusta GA product liability post resale attorney
Irrespective of if or not there is a recognized independent cause of action for negligent voluntary recall, as a general principle of law, once a manufacturer discovers a life threatening defect in a product, the manufacturer has a post-sale duty to warn end-users of the product of the hazard. Thus even though a manufacturer may not have an affirmative duty to conduct a voluntary recall, the same duty is effectively imposed upon it due to its post-sale duty to warn.
When, in fact, a cause of action for undertaking a negligent voluntary recall is recognized in a particular jurisdiction, court is likely to consider the same factors it uses in determining if the manufacturer owes a post-sale duty to warn in analyzing if a manufacturer was negligent during a recall. In Patton, the court listed a number of factors that must be examined so as to determine whether a manufacturer acted reasonably with respect to its post-sale obligation to warn. It is likely these same factors would also be considered in determining if a manufacturer acted reasonably in conducting a voluntary recall.
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