Affirmative defense. A. In a product liability action, a manufacturer or seller shall not be liable if the product is inherently unsafe and known to be unsafe by the ordinary consumer who consumes the product with the ordinary knowledge common to the community. B. The claim that a product is inherently unsafe shall be an affirmative defense and shall be pled in accordance with the requirements of the Oklahoma Pleading Code. In order for the defense to apply, all of the following shall be shown: 1. The product was a common consumer product intended for personal consumption; 2. The product's utility outweighs the risk created by its use; 3. The risk posed by the product was one known by the ordinary consumer who consumes the product with the ordinary knowledge common to the community; 4. The product was properly prepared and reached the consumer without substantial change in its condition; and 5. Adequate warning of the risk posed by the product was given by the manufacturer or seller. C. For purposes of this section, the term "product liability action" does not include an action based on manufacturing defect or breach of warranty. Added by Laws 2013, 1st Ex.Sess., c. 20, § 2, emerg. eff. Sept. 10, 2013. NOTE: Text formerly resided under repealed Title 76, § 57, which was derived from Laws 2009, c. 228, § 52, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
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