The brakes on a River Valley Railroad train malfunction and it rolls towards maintenance workers on the tracks. Everyone gets out of the way except Dick, who wants to show off. The train hits Dick, who sues Stops-it, Inc., the brakes' manufacturer. Stops-it can raise the defense of

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Assumption of risk is a defense that may be raised if the person suing voluntarily and knowingly assumed the risk of their actions, such as in this case where Dick was trying to show off. Therefore, Stops-it, Inc. can raise the defense of assumption of risk to escape liability. The defense of a component-part manufacturer may not apply here as the brakes were the crucial part of the train and not just an ancillary component. Consumer participation and product misuse are not relevant defenses in this situation.

The Brakes on a River Valley Railroad Train Malfunction and It