If the affected person is actually aware of the notice (and therefore of the
hazard), I'd presume that there's then an assumption of risk, which is a
valid defense to strict liability.

Ken Schneyer

-----Original Message-----
From: Daniel Warner [mailto:[log in to unmask]]
Sent: Thursday, November 16, 2000 10:43 AM
To: [log in to unmask]
Subject: products liability question


Hi Colleagues:

If a company undertakes a product recall and an affected person gets the
notice but declines to avail him/herself of the repair opportunity, and
subsequently suffers a loss which would have been avoided had the notice
been attended to, is the company still liable?

I think the answer is yes, but I don't know.

Thanks.

Dan.

Daniel M. Warner
Dept. of Acct. (Business Law)
MS 9071
Western Washington University
Bellingham, WA 98225
voice: (360) 650-3390
fax: (360) 650-4844
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