To impose liability for breach of the implied warranty of merchantability, it is ordinarily necessary to show that there was a defect in the product and that this defect made the product not fit for its normal use and that this caused the plaintiffs harm. A product may be defective because there is:
" a manufacturing defect,
" a design defect,
" inadequate instruction on how to use the product, or
" inadequate warning against dangers involved in using the product.
Products Liability is generally considered a strict liability offense. Strict liability wrongs do not depend on the degree of carefulness by the defendant. Translated to products liability terms, a defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
A waiver or release is the intentional and voluntary act of relinquishing something, such as a known right to sue a person or organization for an injury. The term waiver is sometimes used to refer a document that is signed before any damages actually occur. A release is sometimes used to refer a document that is executed after an injury has occurred.
Courts vary in their approach to enforcing releases depending on the particular facts of each case, the effect of the release on other statutes and laws, and the view of the court of the benefits of releases as a matter of public policy. Many courts will invalidate documents signed on behalf of minors. Also, Courts do not permit persons to waive their responsibility when they have exercised gross negligence or misconduct that is intentional or criminal in nature. Such an agreement would be deemed to be against public policy because it would encourage dangerous and illegal behavior.
Oklahoma Release, Waiver of Liability, Assumption of Risk and Product Safety Warning Agreement Regarding Sports Related Protection Product Introduction: The Oklahoma Release, Waiver of Liability, Assumption of Risk, and Product Safety Warning Agreement is a legal document designed to protect the manufacturer, seller, and distributors of sports-related protection products from liability. This agreement is applicable in Oklahoma and is specifically crafted for sports-related protection products, which include but are not limited to helmets, pads, guards, and other safety equipment used in various sporting activities. By signing this agreement, the involved parties acknowledge and assume the risks associated with using the product, release the manufacturer from potential liabilities, and agree to comply with the provided safety warnings. Types of Oklahoma Release, Waiver of Liability, Assumption of Risk, and Product Safety Warning Agreement: 1. General Sports Protection Product Release: This type of agreement covers a wide range of sports protection products used in different activities, such as football, baseball, hockey, and skiing. It releases the manufacturer, seller, and distributors from liability that may arise due to injuries resulting from the use of the product. 2. Cycling Equipment Release: Specifically designed for cycling-related sports protection products, this agreement includes safety warnings and acknowledges the inherent risks associated with cycling activities. It releases the involved parties from liability, assuming the users' responsibility to assess and manage the associated risks. 3. Water Sports Protection Equipment Release: This type of agreement is tailored for water sports, including surfing, swimming, boating, and water polo. Given the unique risks involved in water-based activities, this release provides safety warnings regarding the use of protective equipment and assumes the participant's responsibility for their own safety. 4. Extreme Sports Protection Product Release: Extreme sports, such as snowboarding, skateboarding, and motocross, carry higher levels of risk. This agreement is specifically designed to release the manufacturer, seller, and distributors from any liability resulting from using their products and acknowledges the assumption of risk associated with extreme sports. Key Components of the Agreement: 1. Release and Waiver of Liability: This section explicitly states that the involved parties release the manufacturer, seller, and distributors from any liability, claims, or demands arising from the use of the sports protection product. 2. Assumption of Risk: Acknowledging the inherent risks associated with the sporting activity, this section requires the signee to assume all risks, whether known or unknown, and accept personal responsibility for any injuries or damages caused by the use of the product. 3. Product Safety Warning: This part includes detailed safety warnings regarding the product, including instructions for proper usage, limitations, and maintenance. It emphasizes the importance of following these guidelines to minimize the risk of injury. 4. Agreement of Compliance: The agreement concludes with a section requiring the signee to agree that they have read and understood the terms of the agreement, including the release of liability, assumption of risk, and product safety warnings. This signifies their consent to use the product at their own risk while complying with the provided safety guidelines. In conclusion, the Oklahoma Release, Waiver of Liability, Assumption of Risk, and Product Safety Warning Agreement Regarding Sports Related Protection Product is a crucial legal document that ensures both manufacturers and users understand and accept the risks associated with using sports protection products. By signing this agreement, all parties are protected from potential legal disputes while promoting safety and accountability within the sporting community.
