The assumption of risk plays a key role in liability claims. When someone willingly engages in an activity despite knowing that it has a certain level of risk, they might sacrifice any liability claim in the event of an accident. Some product liability cases weaken as a result of assumption of risk as well.
There are a few ways to use assumption of risk as a defense in your product liability case.
Warning labels
Clear and visible warning labels on products alert consumers to potential risks associated with using those products. This allows the consumer to make a decision about using the product with an understanding of the risk they face. Providing warning labels on a product supports an assumption of risk claim in your defense.
User responsibility
If the user failed to follow recommended safety precautions, such as wearing protective gear before using power tools, you can argue that the user behaved irresponsibly and took the risk associated with irresponsible use willingly.
Common knowledge
In some cases, the risks associated with a product are common knowledge. For example, keeping electrical appliances away from water is a widely known safety recommendation. If the risk is that well-known, you can claim that the user should have understood the risk they faced.
The assumption of risk defense helps you reduce your risk of a product liability settlement. The Insurance Information Institute reported that the median award amount for product liability claims in 2020 was nearly $4 million. Protect your financial interests with a sound defense.
