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

An "open and obvious danger" defense is a defense that can be used by a company in a product liability claim in North Carolina. This defense seeks to absolve the company of any responsibility for the injury caused by their product.This defense asserts that the company had no duty to warn of an open and obvious danger, meaning that the individual was aware of the possibility of harm and is responsible for their own injury. In North Carolina, a court will ask certain questions to determine whether the “open and obvious” defense should be used. First, the court must decide whether, at the time of purchase, the user should have reasonably anticipated the potential danger when using the product. Second, the court must consider whether the product was designed to be safe for a particular use and whether that use was clearly indicated on the product. Ultimately, if a court finds that an open and obvious danger was present and that the product user should have reasonably anticipated the potential harm, the court may find the company not liable for the injury caused by the product due to the user’s failure to take appropriate safety precautions.

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

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