Joan goes to BuySmart Grocery Store and buys a jar of Snappy Peanut Butter. Joan lets the checkout clerk scan her BuySmart card. The information on the card traces to a record in BuySmart's database that lists Joan's home address and phone number. The database also lists everything Joan has ever bought at BuySmart using her card.

A day after Joan buys the peanut butter, all Snappy Peanut Butter in the area is recalled due to salmonella poisoning. Immediately upon hearing about the recall, BuySmart removes all Snappy Peanut Butter from their shelves. They also put up little signs in the peanut butter aisle that describe the recall. BuySmart gives refunds on any Snappy Peanut Butter that is in the batches being recalled. That is the full extent of their actions regarding the recall.

The day after the recall, Joan still has not heard about the recall and eats some of the Snappy Peanut Butter. She gets salmonella poisoning and dies.

Joan's husband sues BuySmart Grocery Store because:

1. They knew about the recall
2. They knew Joan had bought the peanut butter
3. They had Joan's contact information
4. They did not even attempt to let her know about the danger