Assumption of risk

Definition

Assumption of risk is a legal doctrine that holds that a person may not recover damages for injuries sustained from a risky activity if they voluntarily engaged in that activity, knowing the risks involved. This concept plays a significant role in determining liability in cases of intentional torts, negligence, strict liability, and product liability by acknowledging that individuals can accept certain dangers associated with their actions or choices.

5 Must Know Facts For Your Next Test

1. Assumption of risk can be either express or implied; express assumption occurs when an individual explicitly agrees to take on the risk, while implied assumption is inferred from their conduct.
2. This doctrine does not apply in situations where a party has acted recklessly or intentionally caused harm to another, as those actions often negate the assumption of risk defense.
3. In product liability cases, assumption of risk may limit recovery if a consumer knowingly uses a product in a way that is dangerous or contrary to safety instructions.
4. Certain activities, such as contact sports or extreme recreational activities, are more likely to invoke the assumption of risk defense due to the inherent dangers associated with them.
5. Courts often weigh the specific circumstances surrounding an incident to determine if a reasonable person would have understood and accepted the risks involved.

Review Questions

• How does assumption of risk influence the determination of liability in cases of negligence?
  • Assumption of risk affects liability in negligence cases by providing a defense for defendants if it can be shown that the injured party voluntarily accepted the risks associated with an activity. If a plaintiff engaged in an activity knowing the potential dangers and still proceeded, they may be barred from recovering damages. This principle encourages individuals to be more aware and cautious when participating in risky activities.
• Discuss how assumption of risk interacts with strict liability and product liability claims.
  • In strict liability and product liability claims, assumption of risk plays a critical role in determining whether a plaintiff can recover damages. If a consumer knowingly uses a defective product or engages with it in a manner that is inherently risky, courts may find that they assumed the risk associated with their actions. This means they might not receive compensation for any resulting injuries if it’s proven they were aware of the risks and proceeded anyway.
• Evaluate the ethical implications of the assumption of risk doctrine in relation to consumer protection laws.
  • The assumption of risk doctrine raises ethical questions regarding consumer protection laws as it may limit accountability for manufacturers and businesses. While it promotes personal responsibility, it can also lead to situations where consumers are unfairly burdened when injured due to unsafe products or practices. Striking a balance between encouraging caution and holding parties liable for negligence becomes crucial, as an over-reliance on this doctrine could undermine efforts to enhance safety standards and protect consumers from foreseeable harm.

Related terms

Negligence: A failure to exercise reasonable care that results in harm to another person.

Contributory negligence:

A legal doctrine that reduces the amount of damages a plaintiff can recover based on their own negligence contributing to the injury.

Informed consent: A process by which a patient voluntarily agrees to a proposed medical treatment after being informed of the risks and benefits.