UJI 13-1412 NMRA

UJI 13-1412. Obvious or known danger; design and safety device.

Last amended: 2025Year: 2025Length: 160 wordsOfficial source
The supplier is not relieved of a duty to use ordinary care [to design the product to avoid a risk] [or] [to adopt a safety device] simply because the risk is obvious or may be known to the user. The supplier must use ordinary care [to design the product to avoid the risk] [or] [to adopt a safety device] if the supplier could reasonably expect that the user will fail to protect themselves or others, despite awareness of the danger. In connection with the claim under “products liability,” a product may present an unreasonable risk of injury even though the risk is obvious or may be known to the user. An obvious risk of injury is unacceptable and must be avoided by [product design] [or] [the adoption of a suitable safety device] where a reasonably prudent supplier having full knowledge of the risk would expect that the user will fail to protect themselves or others, despite awareness of the danger.
UJI 13-1412 NMRA: UJI 13-1412. Obvious or known danger; design and safety device. | Justis AI