Assumption of Risk

Definition

Assumption of risk is a legal doctrine that holds that an individual may not recover for injuries sustained from a risk that they voluntarily accepted. This concept is often applied in tort law to limit liability for defendants when plaintiffs engage in inherently risky activities, acknowledging that the plaintiff knew about the risks involved and chose to participate anyway. This principle plays a significant role in defenses against negligence and strict liability claims.

5 Must Know Facts For Your Next Test

1. Assumption of risk can be either express or implied; express assumption occurs when a participant signs a waiver, while implied assumption happens when a person voluntarily engages in an activity knowing the risks.
2. This doctrine is commonly used in sports, recreational activities, and other situations where inherent risks are present.
3. Even if a plaintiff assumes the risk, they may still be able to recover damages if the defendant acted recklessly or intentionally caused harm.
4. In many jurisdictions, assumption of risk is seen as a complete defense, meaning if proven, it can completely bar recovery by the injured party.
5. Courts will often examine whether the plaintiff had actual knowledge of the risks and voluntarily accepted those risks when deciding on assumption of risk cases.

Review Questions

• How does assumption of risk function as a defense in negligence cases?
  • In negligence cases, assumption of risk serves as a key defense by arguing that the plaintiff knowingly engaged in an activity that had inherent risks. If the defendant can show that the plaintiff understood and accepted these risks, it can limit or eliminate the defendant's liability for any resulting injuries. This means that even if the defendant was negligent, if the plaintiff willingly participated in the risky activity, they may not be able to recover damages.
• What are the differences between express and implied assumption of risk, and how do they impact a defendant's liability?
  • Express assumption of risk occurs when individuals explicitly agree to waive their right to sue for injuries resulting from known risks, often through signed waivers. Implied assumption of risk happens when individuals engage in activities with inherent dangers without any written agreement but still understand the potential hazards. The distinction impacts liability as defendants may find greater protection under express waivers, whereas implied assumptions can be more complex as they depend on evidence of the plaintiff's understanding of risks.
• Evaluate the role of assumption of risk in relation to strict liability claims and how it affects plaintiffs seeking compensation.
  • Assumption of risk plays a nuanced role in strict liability claims, where defendants are held liable regardless of fault for certain inherently dangerous activities. While strict liability does not typically allow for negligence defenses like assumption of risk, some courts may consider whether a plaintiff knowingly engaged in an activity with inherent dangers when assessing damages. This means that even in strict liability cases, if it can be proven that a plaintiff willingly accepted those dangers, it could potentially reduce or eliminate their compensation for injuries sustained.

Related terms

Negligence: A failure to take reasonable care to avoid causing injury or loss to another person, which can lead to legal liability.

Contributory Negligence: A legal defense that reduces the amount of damages a plaintiff can recover based on their own negligence contributing to the harm.

Informed Consent:

The process of obtaining permission from a patient or participant after fully disclosing all relevant risks and benefits associated with a treatment or activity.