You'll need to prove you weren't fully aware of the risks involved or the defendants' negligence or reckless behavior caused contributed to your injuries. Assumption of risk means a plaintiff willingly engaged in the activity that harmed them despite knowing there was a potential risk of harm to them.An express assumption of risk involves an individual affirmatively acknowledging that they have assumed the risk of injury. A defendant's assertion of an assumption of the risk defense alleges that he or she never owed the plaintiff a duty of care to begin with. The assumption of risk defense in New York State is a legal doctrine that can prevent an injured plaintiff from recovering damages. (a) Assumption of Risk.