Sean has a 6 year old car which he bought 2 years ago 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 the defect will apply even though Sean did not take the car in for repairs.
B. The pedestrian cannot recover due to the fact that the pedestrian was not using the car.
C. Sean can recover despite having received the recall notice.
D. Neither party can recover if Sean’s was one of only a few of these cars that actually had a brake defect.
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