Bibb County GA product liability post resale attorney
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Irrespective of if or not there is a recognized independent cause of action for negligent voluntary recall, as a general principle of law, if a manufacturer discovers a life threatening hazard in a product, the manufacturer has a post-sale obligation to warn end-users of the product of the defect. Thus even though a manufacturer may not have an affirmative duty to conduct a voluntary recall, the same duty is effectively imposed upon it by virtue of its post-sale duty to warn. If, 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 deciding if the manufacturer has a post-sale duty to warn in deciding whether a manufacturer was negligent during a recall. In Patton, the court listed a number of factors that must be examined in order to establish if a manufacturer acted reasonably with respect to its post-sale duty to warn. It is likely these same factors would also be analyzed in deciding whether a manufacturer acted reasonably in conducting a voluntary recall.
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