Athens GA product recall attorneys

Athens GA product recall attorneys

Athens Workers compensation lawyer

Generally a manufacturer does not have a duty to recall products. Whereas, when a manufacturer voluntarily initiates a product recall, that manufacturer generally has a duty to exercise reasonable care in conducting the recall. The rationale 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.

In the context of 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 ordered to do so by a government regulator. Having presumably prevented the regulatory recall directive, the seller must be under a common-law obligation to follow through on its commitment to recall.

The determination of whether a manufacturers actions during a recall is reasonable is generally a question of fact for the jury or judge.

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