Johnson v. Clark Equipment Co.
Supreme Court of Oregon
547 P.2d 132 (1976)
Johnson (plaintiff), a forklift operator, was transporting metal-banded lumber using a forklift made by Clark Equipment Company (Clark) (defendant), and rather than exiting the forklift to cut the bands, reached through the machine's uprights from the driver's seat; while reaching, he inadvertently hit the lever controlling the lifting forks, which rose and severed his arms. Johnson sued Clark for products liability, presenting evidence that his hectic, fast-paced job pressured him to work quickly and that he would not have reached through the uprights had he had time to think about the danger; Clark asserted assumption of risk, and the trial court's jury instructions on that defense omitted any requirement that Johnson's decision to encounter the risk be unreasonable, resulting in a defense verdict that Johnson appealed.
Whether, to demonstrate that a plaintiff assumed the risk in a products-liability case, the defendant must present evidence that the plaintiff knew and appreciated the particular risk, voluntarily encountered the risk, and that the plaintiff's decision to do so was unreasonable.