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

The “open and obvious danger” defense to a product liability claim is a defense raised when it is argued that the plaintiff or the user of the product should have been aware of the risks associated with the product. This often occurs when the risk and danger of the product is clearly, plainly, and obviously viewable and/or known to the user. In South Dakota, an “open and obvious danger” defense exists to shield manufacturers and sellers from substantial liability claims. In order to succeed with this defense, the defendant must prove that: (1) the plaintiff knew of the risks associated with the product; (2) those risks were open and obvious; and (3) the plaintiff voluntarily assumed the risks associated with the product. An example of this defense might involve a personal injury case. In this scenario, the plaintiff was aware of the danger or risk of a product, should have known of the risk or danger, and still decided to use the item and thereby assumed the risk. In this case, manufacturers and sellers of the product can use the open and obvious danger defense. In sum, the “open and obvious danger” defense is a defense that can be used in South Dakota to protect manufacturers and sellers by showing that the plaintiff knew of the risks of the product and voluntarily assumed the risks. This defense can be a good defense in product liability cases when the risks and danger of the product are clear, plain, and obvious.

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

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