If they do a recall, I will hand them my OEM driveshaft and demand a replacement and reimbursement of my current driveshaft for their negligence of time it took to develop a safe product.
If they do a recall, they will dutifully replace your DS along with mine and they will laugh in your face for demanding reimbursement for buying a replacement on your own. If they do a recall
after completing their research and analysis, there is no negligence. There might be
negligence if there are "enough" occurences and they turn a blind eye for an "excessive" period time, the values of "enough" and "excessive" being the qualifiers