What is an assumption of risk defense?

An assumption of risk defense is a defense used in New York law when a person is accused of manufacturing and selling a dangerous product. This defense states that the plaintiff, or the person suing the manufacturer, accepted the risks associated with using the product. The plaintiff must have understood, at the time of using the product, that it may cause harm or injury, and the defendant had no obligation to take any additional action to prevent harm. For example, a person suing an auto manufacturer for a faulty airbag would need to prove that the manufacturer knew, or should have known, about the defect and failed to take reasonable steps to correct it or ensure the product’s safety. However, if the plaintiff chose to purchase and use the car despite knowledge of the airbag defect, he or she may have assumed the risk of injury and the manufacturer may be able to successfully use the assumption of risk defense. Although this defense may be successful in some cases, the court will ultimately decide if it applies. The court may limit or dismiss the defense if a manufacturer fails to warn customers of the risks of a product or does not take reasonable steps to protect consumers from injuries and losses. The court will also consider whether the manufacturer had any control over the risk and how obvious it was.

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What is an assumption of risk defense?

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