What is an assumption of risk defense?

An assumption of risk defense is a legal concept used to defend people or businesses that have been accused of negligence in the production, distribution, or sale of a dangerous product in Oklahoma. Generally, an assumption of risk defense holds that the injured party voluntarily accepted the risk of foreseeable harm from the product and assumed sole responsibility for any resulting damages. The defense of assumption of risk is most effectively used when the plaintiff was aware of the risks involved in using a product or exposed to any warning messages related to the product. Furthermore, the defense can be used to establish that the plaintiff was aware of the potential injury they could sustain from using the product. The assumption of risk defense might not apply, however, if there is evidence that the defendant failed to apply reasonable care in producing or making the product available to the plaintiff. The defense also might not apply if the defendant failed to provide adequate warnings or instructions as to how to use the product or take necessary precautions. Overall, the assumption of risk defense is one of the most commonly used defenses in Oklahoma law when it comes to defending against claims of negligence in the production or sale of a dangerous product. While the defense might not always be applicable, it can potentially mean the difference between responsibility and no responsibility in a court of law.

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What is an assumption of risk defense?

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