OUJI-CIV No. 12.10

AFFIRMATIVE DEFENSE OF VOLUNTARY ASSUMPTION OF THE RISK OF A

KNOWN DEFECT

[Defendant] has raised the defense in this case that [Plaintiff] voluntarily assumed

the risk of injury from a known defect in the [product]. Assumption of the risk occurs

where a person voluntarily and unreasonably exposes [himself/herself] to a known,

appreciated, and avoidable danger of injury from the defect in the [product]. To establish

this defense, [Defendant] must show by the weight of the evidence that:

1. A defect in the [product] existed, which created a risk of injury;

2. [Plaintiff] knew of the risk and appreciated the degree of danger;

3. [Plaintiff] had the opportunity to avoid the risk; and

4. [Plaintiff]'s use of the [product] wa s voluntary and unreasonable and was the

direct cause of [his/her] injury.

OUJI 3d (Rev. 2009) Chapter 12