Sean has a six-year-old car that he bought two 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?
A) The pedestrian cannot recover because the correction of a defect defense will apply even
though Sean did not take the car in for the repair.
B) Sean can recover despite having received the recall notice.
C) The pedestrian could not recover due to assumption of the risk.
D) The pedestrian cannot recover due to the fact that the pedestrian was not using the car.


A

Business

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