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

An “open and obvious danger” defense to a product liability claim refers to a defense that the defendant can use to escape liability for an injury caused by a product. This defense can be used in California and other states when a product’s danger is known and apparent to the person using it. In other words, if the risk associated with the product is “open and obvious,” then the defendant may not be held liable for the injuries caused by it. The idea behind the defense is that, if the risk is open and obvious, then the injured party should have taken it upon themselves to exercise caution and avoid the risk, rather than expecting a manufacturer to protect them from the danger. For example, a manufacturer of a power drill should not be held liable for an injury resulting from its use if the risk of injury is open and obvious. This could include a risk associated with using a power drill in an enclosed space, or a risk associated with using the device without proper safety gear. In such a case, the manufacturer may not be held liable because the risk was open and obvious. Despite this defense, manufacturers and sellers of products are still responsible for ensuring that their products are safe to use. As such, a “open and obvious” defense will not always apply, particularly if the product’s danger was not open and obvious or the product was not properly labeled or provided with appropriate warnings.

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

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