Oklahoma § 76-57.1 - Product liability for inherently unsafe products Affirmative defense

§ 76-57.1. Product liability for inherently unsafe products 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

C. For purposes of this section, the term "product liability

action" does not include an action based on manufacturing defect or

breach of warranty.

Added by Laws 2013, 1st Ex.Sess., c. 20, § 2, emerg. eff. Sept. 10,

2013.

NOTE: Text formerly resided under repealed Title 76, § 57, which

was derived from Laws 2009, c. 228, § 52, which was held

unconstitutional by the Oklahoma Supreme Court in the case of

Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789

(Okla. 2013).