What is an “open and obvious danger” defense to a product liability claim?

The “open and obvious danger” defense refers to a defense that a defendant in a product liability claim may raise in order to avoid liability for causing injury to the plaintiff. This defense essentially argues that any potential risk of harm associated with a product was readily apparent to a reasonable person and, therefore, warnings or instructions were unnecessary. In Arizona, if a defendant can prove that the danger posed by the product was open and obvious, then the court may dismiss the plaintiff’s product liability claim. For example, if a plaintiff was injured by a power saw that did not have any warnings or safety instructions, the defendant may be able to rely on the open and obvious danger defense if the saw was visibly dangerous in appearance or operation. The open and obvious defense can also be effective when a plaintiff has failed to exercise reasonable care when using the product. In Arizona, a plaintiff must show that they exercised reasonable care when using a product before suing. If a plaintiff has failed to do so, the open and obvious defense can be used by the defendant to show that the plaintiff’s negligence contributed to the injury. Lastly, it is important to note that the open and obvious defense is not always successful. The Arizona Supreme Court has ruled that the open and obvious defense will not be available to a defendant in certain product liability cases unless the defendant can demonstrate that the danger posed by the product could not have been eliminated or reduced at the time of production.

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What is an “open and obvious danger” defense to a product liability claim?

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