Assumption of the Risk Agrument Prevails
In a recent decision by the Georgia Court of Appeals, an assumption of the risk argument has prevailed overturning a large plaintiff’s verdict in a product liability case. The case stemmed from an injury due to a four wheeler roll over. The plaintiff’s case centered around an argument that the vehicle should have had a door to prevent injury if and when the vehicle rolled over. The plaintiff injured his leg when the vehicle rolled over onto it. Apparently, on cross examination at trial, the plaintiff admitted to knowing that it was important to keep hands and legs inside the vehicle because of the possibility it could roll over. Moreover, the plaintiff acknowledged that the fact that the vehicle did not have a door was beneficial to him and led him to purchase that vehicle.
As an Atlanta personal injury attorney, assumption of the risk arguments are par for the course. Usually, they are unsuccessful but as shown above, depending on the facts that are illicited at trial, the defense can carry the day. Certainly this ruling will be very favorable in the defense of future product liability cases and is one accident attorneys in atlanta should be mindful of in taking on product liability cases for clients going forward.
As a Georgia car accident lawyer, this ruling does not have much relavance. While product liability cases can be born out of an everyday car accident case, typically those type of product liability cases do not have facty patterns that would lead to a viable assumption of the risk arguement as was faced in the above case.
