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Asked on December 13, 2012 under Personal Injury, Texas
Answered 12 years ago | Contributor
If a product is inherently dangerous, a warning label could be used by the manufacturer of the product to assert the defense of assumption of the risk. Assumption of the risk means that the user of the product recognized and understood the danger and voluntarily chose to encounter it.
Assumption of the risk is a defense to both negligence and strict liability. Negligence is the failure to exercise due care (that degree of care that a reasonable manufacturer would have exercised under the same or similar circumstances to prevent foreseeable harm). Strict liability is liability imposed whether or not due care was exercised.
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