Evans GA product recall lawyer – Augusta Brain injury lawyer
Usually a manufacturer does not have a duty to recall products. Meanwhile, when a manufacturer voluntarily undertakes a product recall, the manufacturer usually has a duty to exercise reasonable care in conducting the recall.
The reason for this rule lies partly in the general rule that anyone who undertakes a rescue, and thereby induces other would-be rescuers to forbear, must act reasonably in following through. When it comes to product liability, courts appear to assume that voluntary recalls are typically undertaken in the anticipation that, if the manufacturer does not recall voluntarily, it will be directed to do so by a government regulator.
Having presumably forestalled the regulatory recall directive, the seller must be under a common-law obligation to follow through on its commitment to recall. The establishment of if a manufacturers actions during a recall is reasonable is usually a question of fact for the jury or judge.
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