To assert ________ as a defense, the defendant must prove that the plaintiff knew and appreciated the risk of the product.
A) supervening event
B) assumption of the risk
C) generally known dangers
D) abnormal misuse

Question

Quizplus · Accepted Answer

Assumption of the risk is a defense where the defendant argues that the plaintiff knew and appreciated the risks involved in using the product but continued to use it anyway. The burden of proof lies with the defendant to show that the plaintiff voluntarily assumed the risk. Supervening events refer to unforeseeable circumstances that occur after the product was sold, generally known dangers are risks that are widely known and foreseeable, and abnormal misuse occurs when the user purposefully uses the product in an unexpected or improper way.

To Assert ________ as a Defense, the Defendant Must Prove