Definition of Assumption of Risk: Assumption of risk is a legal doctrine that allows a party to avoid legal liability for an injury or loss that results from a risky or dangerous situation, activity, or event, if the injured party voluntarily and knowingly assumed the risk. It is a form of defense in which an individual or entity will not be held liable for injury or loss caused by an activity or event if the injured party knew of the risk before engaging in the activity or event. There are two main types of Assumption of Risk: express and implied. Express Assumption of Risk occurs when the injured party signs a document or otherwise agrees to a contract that states that they are aware of the risks associated with the activity or event. Implied Assumption of Risk occurs when the injured party is aware of the risks before engaging in the activity or event, even though they do not sign a document stating that they are aware of the risks.
Definition of Assumption of Risk
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FAQ
A liability waiver is a good example of express assumption or risk. A defendant may use the express assumption of risk defense if, for example, they are being sued by a plaintiff who sustained an injury after they signed a liability waiver.
Assumption of risk is a common law doctrine that refers to a plaintiff's inability to recover for the tortious actions of a negligent party in scenarios where the plaintiff voluntarily accepted the risk of those actions.
Assumption of the risk doctrine is a common law defense that has been used to pass the responsibility for loss or injury onto the injured party by asserting that the individual had knowledge and understanding of the hazards involved in the undertaking and is therefore not entitled to recovery.
A classic example of the assumption of risk doctrine is attending a baseball game. It's understood that when you go to a baseball game, there's a risk that a ball may be hit into the stands.
An example of an express assumption of the risk is a waiver that a person signs before they use a gym. The waiver usually says that the user acknowledges that using gym equipment is a dangerous activity. When the person signs it, they agree that they're assuming the chance that they can get hurt at the gym.
Generally, there are three types of assumption of risk: primary, express, and implied. Primary assumption of risk is often used in organized sports or recreational activities.
Legal Liability for Assumption of Risk States can have pure contributory negligence, pure comparative fault, or modified comparative fault approaches to negligence claims.