What is a warning defense?
A warning defense is a legal strategy used when defending against a claim that a product is dangerously defective and caused an injury. If the defendant can show that the user of the product was warned of the potential danger, then the defendant may be able to prove that they are not liable for the injury. In the state of Oklahoma, the courts consider warning defenses in cases of dangerous products law. In order to succeed in a warning defense, the defendant must show that the user of the product was warned of the potential dangers before using it. This could be done by showing that instructions were provided, or that the potential dangers were clearly marked on the product. The warning must be clear and reasonable, and must have been provided at the time of purchase or use. In Oklahoma, the courts have set a high standard for warning defenses due to the fact that it can be difficult to prove that the user of the product was aware of the dangers. If the warning was not clearly visible and clear, then the warning defense may not be successful. Additionally, if the product contained a warning, but the user did not read or follow the warning, then the warning defense may still fail. Therefore, warning defenses can be a valid defense in cases of dangerous products law in Oklahoma, but the courts have set a high standard for proving the defense. It is important for anyone using a potentially dangerous product to read and understand the instructions and warnings provided.
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