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.
