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What is the Last Bite Rule?

Published in Law 2 mins read

The Last Bite Rule is a legal doctrine used in product liability cases to determine whether a manufacturer can be held responsible for injuries caused by their products. It states that a manufacturer is not liable for injuries caused by a product if the user knew about the danger and voluntarily chose to use the product anyway.

Here's how it works:

  • The user must have known about the danger. This means they were aware of the potential risk associated with using the product.
  • The user must have voluntarily chosen to use the product despite the known danger. This means they understood the risk and made a conscious decision to use the product anyway.

Examples of the Last Bite Rule in Action:

  • A smoker who continues to smoke despite knowing the health risks associated with smoking cannot sue the tobacco company for lung cancer.
  • A person who uses a chainsaw without safety gear and gets injured cannot sue the chainsaw manufacturer.
  • A person who uses a ladder that is past its expiration date and falls cannot sue the ladder manufacturer.

Exceptions to the Last Bite Rule:

  • Unforeseeable dangers: If the manufacturer knew or should have known about a danger that the user did not, the Last Bite Rule may not apply.
  • Defective products: If the product is defective, the Last Bite Rule may not apply, even if the user knew about the danger.

The Last Bite Rule can be a complex legal doctrine, and its application can vary depending on the specific circumstances of each case.

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