For the contributory negligence defense to apply in a product liability action,the defendant must prove that (1)the plaintiff knew and appreciated the risk and (2)the plaintiff voluntarily assumed the risk.

Question

Quizplus · Accepted Answer

The contributory negligence defense requires showing that the plaintiff's own negligence contributed to their harm, not necessarily that they knew and voluntarily assumed the risk. The assumption of risk is a separate defense.

For the Contributory Negligence Defense to Apply in a Product