Utilizing the Implied Assumption of the Risk Defense to Defeat Products Liability Claims
I. Why It Matters
Implied assumption of risk applies to preclude product liability claims where a plaintiff consents or acquiesces in an appreciated, known, or obvious risk to his or her safety. Importantly, the implied assumption of the risk doctrine serves as a potential shield that can be used as a complete defense to a broad array of product liability causes of action. Three recent Ohio decisions demonstrate the broad applicability of the doctrine with respect to this particular area of civil litigation, and exemplify how the implied assumption of the risk defense can be deployed in litigation to dispose of an action favorably and efficiently, oftentimes without having to undergo the time, effort, and expense of fully litigating a dispute through trial.
To read the full article, please click here.
"Utilizing the Implied Assumption of the Risk Defense to Defeat Products Liability Claims," by David J. Oberly was published in the Fall 2018 edition of The Update, a newsletter publication of the Ohio Association of Civil Trial Attorneys. Reprinted with permission.