Columbus Georgia product liability post resale lawyer

Columbus Georgia product liability post resale lawyer

Columbus Product liability attorney

Irrespective of whether or not there is a recognized independent cause of action for negligent voluntary recall, as a general principle of law, when a manufacturer discovers a life threatening danger in a product, the manufacturer has a post-sale obligation to warn end-users of the product of the defect. So although a manufacturer may not have an affirmative duty to conduct a voluntary recall, the same duty is effectively imposed upon it because 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 determining if the manufacturer has a post-sale duty to warn in determining if a manufacturer was negligent during a recall. In Patton, the court listed a number of factors that should be examined so as to establish if 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 whether a manufacturer acted reasonably in conducting a voluntary recall.

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