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Product Recalls: Why Is Tort Law Deferring To Agency Inaction?, Jill W. Lens
Product Recalls: Why Is Tort Law Deferring To Agency Inaction?, Jill W. Lens
Jill Wieber Lens
Tort law currently recognizes liability related to a product recall in only narrow circumstances. Liability is possible if the manufacturer acts unreasonably in an agency-ordered recall or in a voluntary recall, which is likely the result of agency encouragement. What this narrow standard leaves out is possible liability for a manufacturer’s choice to simply not recall. But courts agree that only government agencies are equipped to evaluate the reasonableness of a recall and to determine if one is justified. Thus, if an agency never effects a product recall, tort liability is not possible.
A few commentators have applauded or criticized …