How does the assumption of risk defense apply to a claim for damages arising from a defective product?

California, United States of America


The following excerpt is from Smith v. Dhy-Dynamic Co., 107 Cal.Rptr. 907, 31 Cal.App.3d 852 (Cal. App. 1973):

The defense of assumption of risk, unlike contributory negligence, rests upon plaintiff's consent to relieve the defendant of an obligation of conduct toward him and to take his chances of harm from a particular risk. (Prosser on Torts (3d ed.) 1964, p. 450.) Because a person may not voluntarily expose himself to a known danger without accepting the consequences, the affirmative defense of assumption of risk is applicable to a claim for damages resulting from injuries caused by a defective product. (Luque v. McLean, 8 Cal.3d 136, 145, 104 Cal.Rptr. 443, 501 P.2d 1163.)

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