Consumers often ignore product manufacturers’ recalls of defective products despite manufacturers’ best efforts. The unfortunate but inevitable result is that some consumers are injured. A reasonable defense for manufacturers is that the consumer’s fault in ignoring the recall negates their liability. The limited authority available, however, indicates that a manufacturer probably will not be completely exonerated from liability. A consumer’s failure to respond to a recall, nevertheless, can be raised as a comparative fault defense. This article reviews existing authority and suggests strategies for manufacturers and consumers when this situation occurs.
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