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

An “open and obvious danger” defense to a product liability claim is a legal doctrine that relieves a company of liability for a dangerous product in situations where the danger was “open and obvious” to the user. In Oklahoma, the open and obvious danger doctrine applies when a defect or hazard associated with a product was so obvious that a user should reasonably have been aware of the danger. For example, a consumer who purchases a knife with a potentially dangerous blade may be deemed to have assumed the risk of injury from the knife, as the dangers posed by its sharp blade were readily apparent. In such cases, the manufacturer may argue that the user should have taken reasonable precautions to avoid any foreseeable injury. The open and obvious danger defense also applies when the manufacturer has taken steps to warn the user of potential hazards. For example, if a product label contains explicit warnings regarding a danger associated with the product, those warnings may excuse the manufacturer from liability if a user fails to heed the warning. It is important to note, however, that the open and obvious danger defense is not a blanket means of avoiding liability. The availability of this defense is ultimately based on an analysis of the facts of a particular case. Furthermore, the burden of proving the availability of this defense is entirely on the manufacturer.

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

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