Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3305.Manufacturer's or seller's duty to warn or protect against danger, when.In any product liability claim any duty on the part of the manufactureror seller of the product to warn or protect against a danger or hazard whichcould or did arise in the use or misuse of such product, and any duty tohave properly instructed in the use of such product shall not extend: (a)To warnings, protecting against or instructing with regard to those safeguards,precautions and actions which a reasonable user or consumer of the product,with the training, experience, education and any special knowledge the useror consumer did, should or was required to possess, could and should havetaken for such user or consumer or others, under all the facts and circumstances;
(b) to situations where the safeguards, precautions and actions wouldor should have been taken by a reasonable user or consumer of the productsimilarly situated exercising reasonable care, caution and procedure; or
(c) to warnings, protecting against or instructing with regard to dangers,hazards or risks which are patent, open or obvious and which should havebeen realized by a reasonable user or consumer of the product.
Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3305.Manufacturer's or seller's duty to warn or protect against danger, when.In any product liability claim any duty on the part of the manufactureror seller of the product to warn or protect against a danger or hazard whichcould or did arise in the use or misuse of such product, and any duty tohave properly instructed in the use of such product shall not extend: (a)To warnings, protecting against or instructing with regard to those safeguards,precautions and actions which a reasonable user or consumer of the product,with the training, experience, education and any special knowledge the useror consumer did, should or was required to possess, could and should havetaken for such user or consumer or others, under all the facts and circumstances;
(b) to situations where the safeguards, precautions and actions wouldor should have been taken by a reasonable user or consumer of the productsimilarly situated exercising reasonable care, caution and procedure; or
(c) to warnings, protecting against or instructing with regard to dangers,hazards or risks which are patent, open or obvious and which should havebeen realized by a reasonable user or consumer of the product.
Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3305.Manufacturer's or seller's duty to warn or protect against danger, when.In any product liability claim any duty on the part of the manufactureror seller of the product to warn or protect against a danger or hazard whichcould or did arise in the use or misuse of such product, and any duty tohave properly instructed in the use of such product shall not extend: (a)To warnings, protecting against or instructing with regard to those safeguards,precautions and actions which a reasonable user or consumer of the product,with the training, experience, education and any special knowledge the useror consumer did, should or was required to possess, could and should havetaken for such user or consumer or others, under all the facts and circumstances;
(b) to situations where the safeguards, precautions and actions wouldor should have been taken by a reasonable user or consumer of the productsimilarly situated exercising reasonable care, caution and procedure; or
(c) to warnings, protecting against or instructing with regard to dangers,hazards or risks which are patent, open or obvious and which should havebeen realized by a reasonable user or consumer of the product.
