A Coastal Railroad train's brakes malfunction and it rolls towards main?te?nance workers on the tracks. Everyone gets out of the way except Dick, who wants to show off. The train hits Dick, who sues Eagle, Inc., the brakes' manufacturer. Eagle can raise the defense of

Question

Quizplus · Accepted Answer

Assumption of risk is a defense that can be raised by Eagle, Inc. in this case. Dick's decision to remain on the tracks despite knowing the risks involved can be considered as an assumption of risk, and hence, Eagle may not be liable for the injury caused to him. The other defenses, such as component-part manufacturer, consumer participation, and product misuse, may not apply in this case.

A Coastal Railroad Train's Brakes Malfunction and It Rolls Towards