Reott v. Asia Trend

Tree stand — manufacturing defect

When asserting an affirmative defense, the defendant bears the burden of showing highly reckless conduct by the plaintiff. They must show the plaintiff knew or had reason to know of facts that created a high degree of risk of physical harm to himself or that the plaintiff deliberately proceeded to act or failed to act in conscious disregard of that risk and that the plaintiff's conduct was the sole or superseding cause of injury. Reasonable minds could disagree whether the plaintiff knew or should have known that bobbing up and down on the toes on a defect-free tree stand entails a high degree of risk of injury or death.

Case Law Alert - 1st Qtr 2011