What is failure to recall?

Elements to Establish a Claim for Failure to Recall

Plaintiff must prove all of the following:

  1. That the defendant manufactured/distributed/sold the product;
  2. That the defendant knew or reasonably should have known that the product was dangerous or was likely to be dangerous when used in a reasonably foreseeable manner;
  3. That the defendant became aware of this defect after the product was sold;
  4. That the defendant failed to recall/retrofit or warn of the danger of the product;
  5. That a reasonable manufacturer/distributor/seller under the same or similar circumstances would have recalled/retrofitted the product;
  6. That the plaintiff was harmed; and
  7. That the defendant’s failure to recall/retrofit the product was a substantial factor in causing the plaintiff’s harm.

CACI No. 1223 — Revised October 2004

“Failure to conduct an adequate retrofit campaign may constitute negligence apart from the issue of defective design.” (Hernandez v. Badger Construction Equipment Co. (1994) 28 Cal.App.4th 1791, 1827. In Lunghi v. Clark Equipment Co. (1984) 153 Cal.App.3d 485, the court observed that, where the evidence showed that the manufacturer became aware of dangers after the product had been on the market, the jury “could still have found that Clark’s knowledge of the injuries caused by these features imposed a duty to warn of the danger, and/or a duty to conduct an adequate retrofit campaign.” The failure to meet the standard of reasonable care with regard to either of these duties could have supported a finding of negligence. (Id. at 494.)

The Third Restatement of the Law of Torts (1998), Product Liability § 11, provides:

One engaged in the business of selling or otherwise distributing products is subject to liability for harm to persons or property caused by the seller's failure to recall a product after the time of sale or distribution if

  1. []...
    1. a governmental directive issued pursuant to a statute or administrative regulation specifically requires the seller or distributor to recall the product; or
    2. the seller or distributor, in the absence of a recall requirement under Subsection (a)(1), undertakes to recall the product; and
  2. the seller or distributor fails to act as a reasonable person in recalling the product.

Duty to Disclose All Facts Related to Recall — Car Dealerships

Gutierrez v. Carmax Auto Superstores Cal. (2018) 19 Cal. App. 5th 1234 “On the question whether [plaintiff] pleaded sufficient facts to establish CarMax had a duty to disclose the safety recall, we conclude her allegations are sufficient.” (Id. at 1239.) Gutierrez contends the duty to disclose existed because CarMax:

  1. had actual knowledge of the recall before the sale of the vehicle and
  2. made partial representations about the vehicle that were misleading because the existence of the recall, a material fact, had not been disclosed.

(Id.)

“We conclude her allegations are sufficient to establish for pleading purposes the existence of the safety recall was a material fact and, by reasonable inference, the existence of CarMax’s knowledge of the recall before the sale.” (Id.)

Useful Resources for Failure to Recall

Recent Documents on Failure to Recall

1-25 of 618 results

Case Management Statement

CM-110 [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number, and addre Michael D. Mclean, SB#207712/ Michael J. Fabrega, SBH: 7 285843 FOR COURT USE ONLY Adelson McLean, APC 14100 Newport Place Or. Suite 200 Newport Beach, CA 92660 TELEPHONE NO; 949-656-4604 FAK NO, Ootenah: 949-656-4223 Electronically E4VAIL ADDRESS (Optional): [email protected] by Superior Court of California, County of San Matec ATTORNEY FOR (Name) Ameron Pole Products, LLC ON SUPERIOR COURT OF CA...

CROSS-DEFENDANTS VANGUARD PROPERTIES, INC. AND ANDREW J. WARREN?S REPLY ...

Jennifer Supman (State Bar No. 248302) [email protected] Richard McKie (State Bar No. 311978) [email protected] Mark Wilson (State Bar No. 293474) [email protected] MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP One California Street, Suite 900 ...

SEPARATE STATEMENT OF FACTS DEFENDANTS CROSSCOMPLAINANTS REDFIN CORPORAT...

P. Kurt Peterson (SBN 067123) Karl J. F. Runft (SBN 262163 PETERSON MARTIN & REYNOLDS LLP 299 Third Street, Suite 200 Oakland, CA 94607 Telephone: (415) 399 2900 Facsimile: (415) 399 2930 Attorneys for Defendant and Cross complainant REDFIN...

SEPARATE STATEMENT OF FACTS IN SUPPORT OF MOTION TO COMPEL FURTHER RESPO...

Jennifer Supman (State Bar No. 248302) [email protected] Richard McKie (State Bar No. 311978) [email protected] Mark Wilson (State Bar No. 293474) [email protected] MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP One California Street, Suite 900 ...

DECLARATION OF CONNER J. HOLDSWORTH IN SUPPORT OF EX PARTE APPLICATION F...

1 BETH I. GOLUB, ESQ. (SBN: 123584) CONNER J. HOLDSWORTH, ESQ. (SBN: 298821) 2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 3 401 West A Street, Suite 1900 4 San Diego, CA 92101-8484 Telephone: (619) 321-6200 5 Facsimile: (619) 321-6201 ...

NOTICE OF EX PARTE APPLICATION AND EX PARTE APPLICATION FOR RELIEF FROM ...

1 BETH I. GOLUB, ESQ. (SBN: 123584) CONNER J. HOLDSWORTH, ESQ. (SBN: 298821) 2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 3 401 West A Street, Suite 1900 4 San Diego, CA 92101-8484 Telephone: (619) 321-6200 5 Facsimile: (619) 321-6201 ...

OPPOSITION TO DEFENDANTS' MOTION TO COMPEL ARBITRATION; MEMORANDUM OF PO...

we ON DH FF WN NN NNN DY BP BP BB RP Pe eB Re Ci Ne) Oo a ON 26 27 28 Law of IBIYAN LAW GROUP, F.C. BIBIYAN LAW GROUP, P.C. David D. Bibiyan, Esq. (SBN 287811) [email protected] Diego Aviles, Esq. (SBN 315533) [email protected] Sara Ehsani-Nia, Esq. (SBN 326501) [email protected] 8484 Wilshire Boulevard, Suite 500 Beverly Hills, California 90211 Tel: (310) 438-5555; Fax: (310) 300-1705 Attorneys for Plaintiff, JAMES CARAMAZZA, on behalf of himself and all ot...

JOINT CASE MANAGEMENT STATEMENT (TRANSACTION ID # 65616055) FILED BY DEF...

Laura Kabler Oswell – State Bar No. 241281 ([email protected]) ([email protected]) SULLIVAN & CROMWELL LLP 1870 Embarcadero Road Palo Alto, California 94303-3308 ([email protected]) ([email protected]) William B. Monahan ( ...

Statement: Case Management Conference - Case Management Statement

CM-110 "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address) Alan Jang; Stephanie Yee; (SBN: 83409; SBN: 172251) Jang & Associates, LLP 1766 Lacassie Avenue Suite 200 Walnut Creek, CA 94596 FOR COURT USE ONLY TELEPHONE NO. (925) 937-1400 FAXNO. (Optional): (925) 937-1414 E-MAIL ADDRESS (Optiona): [email protected]; [email protected] ATTORNEY FOR (Name): Plaintiff CSAA Insurance Exchange a/s/o Bostrom SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara street apo...

ORDER - STIPULATION AND ORDER REGARDING NOTICE AND PETITION TO COORDINAT...

Co em ND HW F WB YY RB RY NY KY NR NN KR BF Bw Be Pe wee Be eB eI QAR BH fF FEO AA ARES H ES Elizabeth Cabraser (Cal. Bar No. 83151) Lexi J. Hazam (Cal. Bar No. 224457) Sarah R. London (Cal. Bar No. 267083) Tiseme G. Zegeye (Cal. Bar No. 319927) LIEFF CABRASER HEIMANN & BERNSTEIN 275 Battery Street, 29th Fl. San Francisco, CA 94111 Telephone: (415) 956-1000 [email protected] [email protected]|chb.com Michael A. Kelly (CA SBN 71460) Doris Cheng (CA SBN 197731) San Francisco County Superior C...

ORDER - STIPULATION AND ORDER REGARDING NOTICE AND PETITION TO COORDINAT...

Co em ND HW F WB YY RB RY NY KY NR NN KR BF Bw Be Pe wee Be eB eI QAR BH fF FEO AA ARES H ES Elizabeth Cabraser (Cal. Bar No. 83151) Lexi J. Hazam (Cal. Bar No. 224457) Sarah R. London (Cal. Bar No. 267083) Tiseme G. Zegeye (Cal. Bar No. 319927) LIEFF CABRASER HEIMANN & BERNSTEIN 275 Battery Street, 29th Fl. San Francisco, CA 94111 Telephone: (415) 956-1000 [email protected] [email protected]|chb.com Michael A. Kelly (CA SBN 71460) Doris Cheng (CA SBN 197731) San Francisco County Superior C...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF DOE, JANE AS TO DEFENDA...

© SUM-100 SUMMONS FOR COURT USE ONLY. (CITACION JUDICIAL) oto aA ONT NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): UBER TECHNOLOGIES, INC.; and DOES 1 through 25, Inclusive YOU ARE BEING SUED BY PLAINTIFF: {LO ESTA DEMANDANDO EL DEMANDANTE): JANE DOE NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. ‘Read the information below. ‘You have 30 CALENDAR DAYS after this summons and legal papers are served on you to fi...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF PAINTER, CHLOE AS TO DE...

SUM-100 SUMMONS FOR COURT USE ONLY (CITACION JUDICIAL) (S0L0 PARA USO DELACORTE) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): JUUL LABS, INC. AND DOES 1-100 YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): CHLOE PAINTER INOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written re...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF CHILDERS, JOY AS TO DEF...

. SUM-10 SUMMONS FOR COURT USE ONLY (CITACION JUDICIAL) (OLO PARA USO DELACORTE) NOTICE TO DEFENDANT: : (AVISO AL DEMANDADO): Juul LABS, INC.; and DOES 1-30, inclusive YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): JOY CHILDERS INOTICET You have been sued. The court may decide against you without your being heard uniess you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file ...

CASE MANAGEMENT STATEMENT (TRANSACTION ID # 100097005) FILED BY DEFENDAN...

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Stale Bar number, and address): FOR COURT USE ONLY Dennis J. Ward / Matthew K. Suess (78493 / 320441) Ropers, Majeski, Kohn & Bentley ELECTRONICALLY ...

PLAINTIFFS MOTION IN LIMINE TO EXCLUDE ALL REFERENCE AND TESTIMONY REGAR...

GILBERT L. PURCELL, ESQ., S.B. #113603 JAMES P. NEVIN, ESQ., S.B. #220816 [email protected] BRAYTON PURCELL LLP Attorneys at Law 222 Rush Landing Road P.O. Box 6169 Novato, California 94948-6169 (415) 898-1555 ...

DECLARATION OF STEVEN A. KRONENBERG IN SUPPORT OF MOTION TO SERVE SECRET...

1 ANTHONY L. LABEL, NO. 205920 THE VEEN FIRM, P.C. 2 20 Haight Street San Francisco, California 94102 3 Telephone: (415) 673-4800 Facsimile: (415) 771-5845 4 [email protected] 5 Todd A. Walburg, Esq., No. 213063 BAILEY & GLASSER, LLP 6 475 14th Street, Su...

RESPONSE TO ORDER TO SHOW CAUSE (TRANSACTION ID # 64682170) FILED BY PLA...

1 ELINOR LEARY, NO. 227232 CLIFTON N. SMOOT, NO. 305728 2 THE VEEN FIRM, P.C. ELECTRONICALLY 3 20 Haight Street San Francisco, California 94102 F I L E ...

OPPOSITION T DEFENDANTS' JOINT MOTION IN LIMINE TO EXCLUDE EVIDENCE OF S...

[email protected] LLP ATTORNEYS AT LAW 222 RUSH LANDING ROAD PO BOX 6169 _ _NOVATO, CALIFORNIA 94948-6169 (415) 898-1555 oem NIN DW BF WN NN NN NN NNN Be Be Be Be He Be Be Be eB eID A BF HON KF SO HA DH BwWwNH HK GILBERT L. PURCELL, ESQ., S.B. #113603 STEVEN J. PATTI, ESQ., S.B. #163773 [email protected] _ Superlor Court of California BRA STONSPURCEEL LLP County of Sen Francisco Attorneys at Law . 222 Rush Landing Road FER 0.5 2020 P.O. Box 6169 Novato, California 94948-6169 (...

DECLARATION OF SHEILA S. JOHNSON IN SUPPORT OF DEFENDANT CITY AND COUNTY...

1 DENNIS J. HERRERA, State Bar #139669 City Attorney 2 MEREDITH B. OSBORN, State Bar #250467 ELECTRONICALLY Chief Trial Deputy F I L E D 3 SHEILA S. JOHNSON, State Bar #284468 Superior Court of California, ...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF GARAVAGLIA, ABIGAIL AS ...

AWK . YOU ARE BEING SUED BY PLAINTIFF: SUM-100 SUMMONS FOR COURT USE ONLY (CITACION JUDICIAL) (010 PARA USO DELACORTE) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): JUUL LABS, INC., PAX LABS, INC., ALTRIA GROUP, INC., PHILIP MORRIS USA, INC., and DOES 1-100 INCLUSIVE (LO ESTA DEMANDANDO EL DEMANDANTE): ABIGAIL GARAVAGLIA INOTICET You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALE...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF BRIDGES, ALEXIS AS TO D...

SUM-100 Sve NS eee (CITACION JUDICIAL) ite ee NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): Juul LABS, INC.; and DOES 1-30, inclusive YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): ALEXIS BRIDGES (NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this co...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF BARR, JAYDEN AS TO DEFE...

SUM-100 SUMMONS FOR COURT USE ONLY (CITACION JUDICIAL) (SOLO PARA USO DE LA CORTE) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): Juul LABS, INC.; and DOES 1-30, inclusive YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): JAYDEN BARR INOTICET You have been sued. The court may decide against you without your being heard unless you Tespond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF CHEE, ANGELICA AS TO DE...

ee —y Now __SUM-100 SUMMONS FOR COURT USE ONLY (CITACION JUDICIAL) (G0L0 PARA USO DELACORTE) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): Juul LABS, INC.; and DOES 1-30, inclusive * YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE):\ . ANGELICA CHEE (NOTICE! You have been sued, The court may decide against you without your being heard unless you respond within 30 days. Read the Information below, You have 30 CALENDAR DAYS after this summons and legal papers are serve...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF CANTRAL, HANA AS TO DEF...

SUM-100 SUMMONS FOR COURT USE ONLY (CITACION JUDICIAL) (SOLO PARA USO DE LA CORTE) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): Juul LABS, INC.; and DOES 1-30, inclusive YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): HANA CANTRAL NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 40 days. Read the Information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a...

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