What is an assumption of risk defense?

An assumption of risk defense is a legal argument used when a person is injured due to a dangerous product in South Carolina. This defense states that the injured party assumed the risks associated with the product before using it, voluntarily and knowingly, and therefore cannot hold the manufacturer or seller liable. The assumption of risk defense is available in South Carolina to protect manufacturers and sellers of products from liability, even if it can be proven that the product was unreasonably dangerous when used as intended. When this defense is successfully used, the injured party cannot pursue a product liability claim. In order to be successfully raised, the defense must be able to prove that the injured party was aware of the risky nature of the product. This may include proving that a warning label or manual was provided with the product that cautioned the buyer of the risk involved in using the product. Or it may involve proving that the buyer had previous experience with similar products and was thus aware of the risks associated with using the product. The assumption of risk defense is not foolproof however, as South Carolina courts can sometimes still grant the injured party damages if the product was found to be unusually dangerous when used as intended. So while this defense may be valid, it does not always provide full protection for manufacturers and sellers of dangerous products.

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What is an assumption of risk defense?

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