Bowen v. Cochran
Court of Appeals of Georgia
556 S.E.2d 530 (2001)
David Bowen (plaintiff) bought a gas grill from Fred Cochran (defendant), who explained and demonstrated the correct way to light it. Bowen instead lit the grill using a burning rolled-up newspaper, left for thirty minutes, returned to find the flame out, and tried the newspaper method again — this time a burst of flame injured him. Bowen sued Cochran, presenting evidence that the grill's design let gas pool in the drip pan, causing delayed ignition. Cochran argued Bowen had assumed the risk; the jury agreed and found for Cochran, the trial court denied Bowen's motion for a directed verdict, and Bowen appealed, challenging the jury instruction on assumption of risk.
Whether, to establish that a plaintiff assumed the risk in a products-liability case, the defendant must present evidence that the plaintiff had actual knowledge of the danger, understood and appreciated the risk, and voluntarily exposed himself to it.