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 an assertion that the potential user of the product should have been aware of the danger posed by the product, and thus that the manufacturer cannot be held liable for injuries resulting from the product’s use. This defense is specifically referenced in the Washington Products Liability Act, which states that a manufacturer is not liable for any harm caused by a product if the danger was “open and obvious.” The open and obvious danger defense applies to cases in which the danger posed by the product should have been known by the average user, either through general knowledge or through common sense. For example, suppose a person is injured while using a ladder that has a rickety rung. If the manufacturer of the ladder can prove that the average user of the ladder should have been aware of the danger posed by the rickety rung, then the manufacturer may be able to rely on the open and obvious danger defense to avoid liability for any harm caused by the ladder. This defense is not available in cases in which the danger posed by the product isn’t readily apparent, such as when a product contains a hidden defect. In Washington, the open and obvious danger defense is generally considered an affirmative defense, which means that the manufacturer has the burden of proving that the danger posed by the product was both open and obvious. The outcome of any given case will thus depend on the facts of the particular case and the strength of the manufacturer’s defense.

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

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