How does the doctrine of “assumption of risk” apply in product liability cases?

The doctrine of “assumption of risk” can be applied in product liability cases in North Carolina. This doctrine is essentially a defense used by product manufacturers and sellers which states that the purchaser or user of their product voluntarily assumed any risks associated with using the product. This defense can be used when a plaintiff in a product liability case claims that a product was defective or lacked necessary warnings, even when the product actually was not defective and/or did include necessary warnings. It is up to the defense to prove that the plaintiff knew of the risks and voluntarily assumed them. To do this, the defense may prove that the product contained language warning of any risks associated with its use or that the plaintiff had used the product in a manner that was not intended. To establish assumption of risk, the defense must show that the plaintiff fully and voluntarily understood the risks of using the product and accepted those risks. If successful, the defense can avoid being held liable for any damages caused due to the plaintiff’s use of the product. In North Carolina, it is important for product manufacturers and sellers to be aware of the doctrine of assumption of risk and the ways in which it can be applied. This can help them to make sure that their products remain safe and that their customers understand any risks associated with their use.

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How does the doctrine of “assumption of risk” apply in product liability cases?

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