What is an assumption of risk defense?

An assumption of risk defense is a legal principle utilized in product liability cases which can be used to defend a product manufacturer or other responsible parties from liability. In these cases, the argument is made that the injured party accepted or assumed the risk of injury when they chose to use the product in question. In the state of Maryland, this defense may be used in cases where the product was clearly dangerous and the injured party was aware of this danger, and that this knowledge was conveyed by labeling or other notice. However, in order for the assumption of risk defense to be used successfully, the situation must meet certain criteria. The injured party must have been aware of the risk, and they must have voluntarily accepted that risk by using the product. In addition, the injured party must have been able to make an informed decision about whether or not to use the product. Finally, the risk must have been within the scope of what was assumed. If the assumptions of risk defense is proven, then the manufacturer or other responsible party can be held not liable for the injury.

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What is an assumption of risk defense?

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