Sean Has a 6-Year-Old Car Which He Bought 2 Years

Multiple Choice

Sean has a 6-year-old car which he bought 2 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 due to the fact that the pedestrian was not using the car.
B) Sean can recover despite having received the recall notice.
C) 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.
D) Neither party can recover if Sean's car was one of only a few of these cars that actually had a brake defect.
E) The pedestrian could not recover due to assumption of the risk.