What is an assumption of risk defense?

An assumption of risk defense is a legal defense used in civil cases where a party claims to have been injured by an inherently dangerous product. This defense argues that the injured party knew the risks associated with the product, and therefore, assumed responsibility for any resulting injuries or losses. In South Dakota, the Assumption of Risk Defense is applied to the sale of products that are "inherently dangerous" or "useless." This defense protects the manufacturer, distributor or seller from liability if the injured party is found to have known the potential risks of the product. This is especially relevant if the product or service includes an express warning or disclosure of the potential risks relating to its use. The Assumption of Risk Defense does not always excuse the seller or manufacturer from liability. If the injury or loss occurred due to the negligence of the seller, manufacturer, or distributor, they may still be liable. In addition, if the seller or manufacturer provided inadequate warnings about the dangerous or useless nature of the product, then the assumption of risk defense may still be ineffective.

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What is an assumption of risk defense?

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