For the Contributory Negligence Defense to Apply in a Product

question 48

True/False

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.

---

Definitions:

Key Stimulus

A specific environmental cue that triggers a fixed action pattern in an animal.

Fixed Action Pattern

A sequence of unlearned acts directly linked to a specific stimulus, which is virtually inevitable and once begun, is carried to completion.

Innate Action Pattern

A pre-programmed response that is triggered by specific environmental stimuli, characteristic of a particular species.

Eyebrow Flick

An often subconscious facial gesture involving a quick raise and lower of the eyebrow, sometimes indicating interest or recognition.