Washington Jury Instruction - 2.1 With Defenses Of Misuse And Assumption Of Risk
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How to fill out Jury Instruction - 2.1 With Defenses Of Misuse And Assumption Of Risk?
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FAQ
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.]