Sean has a 6-year-old car which he bought 2 years ago directly from its original owner.Eight months ago he received a recall notice about a safety problem with the brakes.He never responded to the notice.Yesterday Sean was driving when the brakes failed and caused him to strike and injure a pedestrian.Which of the following is true in lawsuits against the car's manufacturer?

Question

Quizplus · Accepted Answer

The correction of a defect defense applies when a manufacturer can show that it took all necessary steps to ensure that the product was safe, and the defect was caused by someone other than the manufacturer. In this case, the manufacturer sent the recall notice to Sean, but he failed to respond. However, even though Sean did not take the car in for the repair, the correction of a defect defense will still apply because the manufacturer did what was necessary to make the car safe. As a result, the pedestrian cannot recover under this defense.

Sean Has a 6-Year-Old Car Which He Bought 2 Years