Product Liability Defenses: Assumption of Risk
If an individual purchases and uses THIS PRODUCT OR EQUIPMENT like a rock climbing harness or a skydiving parachute, they are generally considered to have assumed the risk associated with these inherently dangerous activities. If the equipment functions as designed but the inherent risk of the sport leads to injury, the manufacturer may argue that the user assumed the risk.
What is “Sports equipment”?
If THIS PRODUCT is used on a gravel surface and ejects stones, injuring the user or bystanders, the manufacturer could be liable if there was no warning about the risk of using the product on such surfaces, as its foreseeable that users might mow near gravel. THIS PRODUCT is usually used to cut grass.
What is "Lawnmowers"?
It is widely understood that THESE PRODUCTS are sharp and can cause injury if misused in a kitchen. A manufacturer would not be liable if a consumer is injured while cutting something because the risk is obvious.
What are "Kitchen knives"?
What is "Gasoline"?
This type of PRODUCT can have a miswiring in a space heater or coffee maker & can lead to fire hazards. There have been recalls of such products after incidents that resulted in fire & property damage.
What are "Electrical appliances"?
Tobacco companies have used this defense by arguing that consumers are aware of the risks of THIS ACTIVITY, such as lung cancer and heart disease, through widespread public health campaigns and warning labels on packaging. Thus, THE USERS OF THIS PRODUCT assume these risks each time they use tobacco products.
What is "cigarettes"?
If THIS PRODUCT lacks a warning that sealed containers (like eggs or soup cans) can explode when heated, causing injury, the manufacturer might be held liable because it’s foreseeable that users could try to heat such containers without realizing the risk.
What is a "Microwave oven"?
The potential harm from the use of THIS PRODUCT is generally understood, so manufacturers of THIS PRODUCT are not typically liable for injuries that result from their use when no product defect is involved. THIS PRODUCT can be used to shoot and kill other people.
What are "Firearms"?
Fletcher v. Rylands (1868) The defendant, Rylands, had a reservoir constructed on his property to store something used to drink & found in the ground. THIS LIQUID escaped through old mine shafts and flooded the neighboring property, which belonged to Fletcher. Although Ryland was not negligent, the court held him strictly liable because the storage of large quantities of THIS LIQUID, which posed an inherent risk to others if it escaped, was considered an abnormally dangerous activity.
What is "Water"?
This type of PRODUCT can have contamination with foreign objects due to manufacturing issues, like pieces of metal found in cereal or other packaged foods, can pose choking hazards or cause other harm to consumers.
What are "Food Products"?
In cases where SKILLED WORKERS IN THIS TYPE OF WORK ACTIVITY use machinery that is inherently dangerous (like saw or presses), and the machinery includes clear warnings and requires specific training to operate, employers or manufacturers might argue that the workers assumed the risk of injury by choosing to operate the equipment.
What is "Industrial machinery"?
If THIS PRODUCT is used on an uneven or slippery surface to hang Christmas lights or do work and causes the accident, the manufacturer could be liable if it didn’t include warnings against using THIS PRODUCT in such conditions, as it’s a foreseeable misuse that consumer might place THIS PRODUCT on unsafe surfaces.
What is a "Ladder"?
The fact that THIS PRODUCT is served hot and can cause burns if spilled is commonly recognized. Although cases like the famous McDonald’s case showed exceptions, many manufacturers defend themselves by arguing that the risk of burns from hot liquids is widely understood.
What is "hot coffee"?
Spano v. Perini Corp (1969) Perini Corp was engaged in loud & dangerous operations for the construction of a tunnel in New York City. The loud and dangerous activity caused damage to nearby property, including a garage & several vehicles owned by Spano. Spano did not need to prove that Perini had acted negligently; instead, the court imposed strict liability because THIS ACTIVITY is considered an inherently dangerous activity. This case established that even if precautions are taken during THIS ACTIVITIY, companies can still be held liable for any resulting damages due to the inherently dangerous nature of the activity.
What is "Blasting"?
This type of PRODUCT contains a higher level of toxic substances like lead due to manufacturing errors & can be dangerous. I.e. Certain products have been recalled because lead paint, which can be toxic if ingested & was used in violation of safety standards.
What are "Children's Toys"?
If a helmet FOR THIS ACTIVITY is purchased and worn but the injury occurs in a manner that the helmet was not designed to protect against (i.e. injuries from high-speed impacts where helmets only protect against low-speed impacts), manufacturers might argue that the rider assumed the risk of such injuries.
What is "Motorcycle helmets"?
THIS PRODUCT can be used to provide extra heat in a room or cold garage. If THIS PRODUCT causes a fire when placed too close to curtains or furniture, and there was no adequate warning about the risk of fire from proximity to flammable materials, the manufacturer could be liable because it is foreseeable that users might not recognize the danger.
What is a "Portable Space Heater"?
The dangers of excessive consumption of THIS PRODUCT, including impaired judgement and motor skills, are common knowledge. A manufacturer of THIS PRODUCT would not typically be held liable for accidents caused by a consumer’s intoxication.
What is "Alcohol"?
Spring Co. v. Edgar (1888) The defendant, Spring Co. owned a DANGEROUS TYPE OF THING THAT IS NOT A HUMAN that escaped its enclosure & attacked the Plaintiff, Edgar, causing serious injuries. The court ruled in favor of Edgar, applying strict liability for damages caused by this LIVING THING, because it is considered a dangerous LIVING THING (particularly males) with known aggressive tendencies.
What is a "Bull"?
This PRODUCT can have manufacturing flaws that have severe repercussions. I.e. Metal-on-metal hip replacements that release metal particles into the body due to wear & tear, or pacemakers that fail due to faulty batteries or wiring.
What are "Medical Devices"?
If a consumer MODIFIES a product in a way that introduces new risks (i.e. modifying the engine of a car to increase speed capabilities), and then gets injured as a result of those MODIFICIATIONS, the manufacturer can argue that the consumer assumed the risks associated with their MODIFICATIONS.
What are "Modified Products"?
THIS PRODUCT can be used at home to clear germs from things. If THIS PRODUCT has toxic ingredients but does not have clear warnings about the danger of ingestion by children, the manufacturer could be liable if a child accidentally consumes it. It’s foreseeable that children might access THIS PRODUCT, so appropriate warnings and child-proof packaging would be expected.
What is "Household cleaning products"?
The health risks of using THIS PRODUCT, such as lung cancer and heart disease, are well-known. A manufacturer can argue that consumers are fully aware of the potential dangers of using THIS PRODUCT.
What are "Smoking Products"?
Silkwood v. Kerr-McGee Corp (1979) Silkwood, an employee at a Kerr-McGee nuclear facility, was contaminated with plutonium. After her death in a suspicious car accident, her family sued Kerr-McGee for plutonium contamination, alleging unsafe working conditions & improper handling of this type of MATERIALS (part of the product word has the same word for what you can turn on in your car & hear 😊 The other part of the words is the opposite of being lazy 😊 The court imposed strict liability on Kerr-McGee due to the inherently dangerous nature of handling this type of SUBSTANCE, like plutonium, regardless of whether the company had been negligent.
What is "Radioactive materials"?
There have been recalls of this PRODUCT due to manufacturing defects like faulty airbags, which can explode violently & send shrapnel into the passenger compartment, or due to issues with steering components that could lead to loss of product control.
What are "Automobiles"?