The Washington Jury Instruction — 2.1 With Defenses Of Misuse And Assumption Of Risk is a legal instruction provided to jurors in Washington state courts. This instruction is applicable in cases where the defense claims that the plaintiff's actions constitute either a misuse of the product or assumption of risk on their part. These are key defenses often raised in product liability lawsuits or personal injury cases involving dangerous activities. Misuse is a defense that asserts that the plaintiff's injury occurred due to their own improper use or handling of the product in question. For this defense to be successful, the defendant must show that the plaintiff used the product in a way that was not intended or reasonably foreseeable, thereby causing their injury. The misuse defense seeks to hold the plaintiff partially or wholly responsible for their own harm. Assumption of risk is another defense presented when the defendant alleges that the plaintiff knowingly and voluntarily accepted the risks associated with the activity or product that caused their injury. The defendant must prove that the plaintiff was fully aware of the risks involved, had sufficient understanding, and proceeded with the activity or product use despite those risks. By invoking this defense, the defendant aims to shift some or all liability away from themselves. There may be variations or additional instructions related to Washington Jury Instruction — 2.1 with Defenses of Misuse and Assumption of Risk, depending on the specific circumstances of the case. These variations may include: 1. Comparative Negligence: If the plaintiff is found to have contributed to their own injury through their own negligence, the jury instruction may also include elements of comparative negligence. This means that the jury will apportion fault and determine the percentage of responsibility attributed to each party involved. 2. Specific Product Use Warnings: In some cases, the defendant may argue that they provided sufficient warnings or instructions regarding the proper use of the product, and any failure to follow those instructions led to the plaintiff's injury. Subsequently, the instruction might outline the burden of proof on the defendant to demonstrate the adequacy of their warnings or instructions. 3. Open and Obvious Risk: This defense asserts that the risk associated with the product or activity was so evident that any reasonable person would have recognized and appreciated it. As a result, the defendant argues that they had no duty to warn the plaintiff about risks that were open and obvious. It is important to note that the specific language and application of the Washington Jury Instruction — 2.1 With Defenses Of Misuse And Assumption Of Risk may vary depending on the facts and legal arguments in each case. This instruction guides the jurors in considering these defenses and their potential impact on the determination of liability and damages.
Washington Jury Instruction - 2.1 With Defenses Of Misuse And Assumption Of Risk
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Assumption of Risk: The defendant must show that (i) the plaintiff knew and appreciated the risk created by the alleged product defect, and (ii) the plaintiff voluntarily assumed the risk, even though it was unreasonable to do so.
In order to prove ?assumption of the risk,? the defendant must show that the plaintiff knew there was a risk of injury or other harm, and voluntarily accepted the risk.
The answer is D ( The consumer is aware of the defect in the product before using it.) This is because, in order to use the assumption of risk defense, there are certain conditions that must be fulfilled. One is that the plaintiff in the case was aware of the risk involved.
For example, if a baseball fan gets hit in the head with a baseball, they cannot sue the stadium for their injury because it is assumed they were aware of the risk simply by their willingness to be present in the stadium.
Implied Assumption of the Risk Example: If a NASCAR driver gets into a car accident while participating in a race he will likely not be able to recover because he assumed the risk of an accident.
In order to use the assumption of risk defense successfully, the defendant must demonstrate the following: The plaintiff had actual knowledge of the risk involved; and. The plaintiff voluntarily accepted the risk, either expressly through agreement or implied by their words or conduct.
The essence of the tort doctrine ?assumption of risk? is that a plaintiff should not be able to recover for injuries caused to the plaintiff if he or she willingly assumed the risk inherent in the activity.
[Assumption of risk occurs when a person knows of a specific risk associated with using a product, understands the nature of the risk, voluntarily chooses to accept the risk by using the product, and impliedly consents to relieve the defendant of a duty of care owed to the person in relation to the specific risk.]