The brakes on Ned's Overland truck malfunction, but he continues to drive it. Unable to slow down, he crashes through a guardrail and careens off the road. In Ned's suit against Overland, the truck maker can raise the defense of

Question

The brakes on Ned's Overland truck malfunction, but he continues to drive it. Unable to slow down, he crashes through a guardrail and careens off the road. In Ned's suit against Overland, the truck maker can raise the defense of​

Quizplus · Accepted Answer

The defense of assumption of risk applies in a situation where the plaintiff (in this case, Ned) was aware of the danger involved in operating the truck with malfunctioning brakes, and continued to do so anyway. Thus, Overland may argue that Ned assumed the risk of harm by continuing to operate the truck despite the known danger.

The Brakes on Ned's Overland Truck Malfunction, but He Continues