Are products with “open and obvious” defects liable?

In South Dakota, a product with an “open and obvious” defect can still be liable under products liability law. An example of an “open and obvious” defect would be if a consumer purchased a toaster in which the heating element was exposed. In such a case, the consumer should have reasonably expected that coming into contact with the heating element would result in a burn. However, if the defect is not “open and obvious,” the product may still be liable. For instance, if a consumer purchased a toaster where the heating element was hidden behind a metal casing, but the metal casing was defective and allowed users to come into contact with the heating element, then the product would still be liable. In either of these scenarios, the burden of proof is on the consumer to prove that the defect existed and that this defect caused their injury. If the consumer is successful in proving those two things, then they may be able to recover damages from the seller, manufacturer, or distributor. Ultimately, products with “open and obvious” defects can be liable in South Dakota, but the burden of proof still falls on the consumer to prove that the defect caused their injury. If the consumer is successful, then they may be able to recover damages.

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Are products with “open and obvious” defects liable?

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