What is Assumption of Risk?
A legal defense asserting that the plaintiff knowingly and voluntarily accepted the risks associated with a particular activity and therefore cannot recover damages for resulting injuries.
Understanding Assumption of Risk
Assumption of risk can be express (plaintiff signed a waiver) or implied (plaintiff's conduct showed awareness and acceptance of the risk). It is commonly raised in cases involving sports, recreational activities, and inherently dangerous activities. The scope of assumption of risk varies by jurisdiction, and it may serve as a complete bar to recovery or factor into comparative negligence analysis.
Examples
- 1Spectator hit by a foul ball at a baseball game
- 2Skier injured after signing a liability waiver at a ski resort
- 3Bungee jumper injured during a jump they voluntarily took
Related Terms
Comparative Negligence
A legal doctrine that allows damages to be apportioned based on each party's degree of fault. The plaintiff's recovery may be reduced by their percentage of fault.
Contributory Negligence
A legal doctrine in which a plaintiff who is found to be even slightly at fault for their own injuries is completely barred from recovering any compensation from the defendant.
Release of Claims
A legal document signed by the plaintiff that releases the defendant from any further liability related to the incident in exchange for a settlement payment.
Negligence
The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.
Proximate Cause
The primary or legal cause of an injury that is sufficiently related to the harm to justify holding the defendant responsible, even if other factors also contributed.
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