Okla. Stat. tit. 76, § 76-57.1
This is the official text of Okla. Stat. tit. 76, § 76-57.1, part of Oklahoma’s Stat. tit. 76, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 76,." Browse the sections below, each linked to its official government source.
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Product liability for inherently unsafe products -
Official statutory text
Affirmative defense.
A. In a product liability action, a manufacturer or seller
shall not be liable if the product is inherently unsafe and known to
be unsafe by the ordinary consumer who consumes the product with the
ordinary knowledge common to the community.
B. The claim that a product is inherently unsafe shall be an
affirmative defense and shall be pled in accordance with the
requirements of the Oklahoma Pleading Code. In order for the
defense to apply, all of the following shall be shown:
1. The product was a common consumer product intended for
personal consumption;
2. The product's utility outweighs the risk created by its use;
3. The risk posed by the product was one known by the ordinary
consumer who consumes the product with the ordinary knowledge common
to the community;
4. The product was properly prepared and reached the consumer
without substantial change in its condition; and
5. Adequate warning of the risk posed by the product was given
by the manufacturer or seller.
Oklahoma Statutes - Title 76. Torts Page 41
C. For purposes of this section, the term "product liability
action" does not include an action based on manufacturing defect or
breach of warranty.
A. In a product liability action, a manufacturer or seller
shall not be liable if the product is inherently unsafe and known to
be unsafe by the ordinary consumer who consumes the product with the
ordinary knowledge common to the community.
B. The claim that a product is inherently unsafe shall be an
affirmative defense and shall be pled in accordance with the
requirements of the Oklahoma Pleading Code. In order for the
defense to apply, all of the following shall be shown:
1. The product was a common consumer product intended for
personal consumption;
2. The product's utility outweighs the risk created by its use;
3. The risk posed by the product was one known by the ordinary
consumer who consumes the product with the ordinary knowledge common
to the community;
4. The product was properly prepared and reached the consumer
without substantial change in its condition; and
5. Adequate warning of the risk posed by the product was given
by the manufacturer or seller.
Oklahoma Statutes - Title 76. Torts Page 41
C. For purposes of this section, the term "product liability
action" does not include an action based on manufacturing defect or
breach of warranty.
Status: in_force · Read it on the official government site
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