Assumption Of Risk

Assumption of risk is a legal term used in reference to situations where one entity holds no liability because the other entity was aware of their risk. It is often raised in personal injury cases after a plaintiff claims they have been injured and that the other person is liable. If the defendant feels that they are not liable, the will counter with a defense based on assumption of risk, saying that the injured party assumed risk in the situation. Assumption of risk can happen in two ways — primary or secondary. In a case of primary assumption of risk, the defendant has acknowledged, either outright or by implication, that they are aware of the risks of a certain activity. Therefore, the defendant would not have a duty to protect them from the amount of harm inherent in the situation. On the other hand, if the defendant did something out of the norm which caused the accident, he may still be liable. In a case of secondary assumption of risk, the plaintiff is said to have assumed risk because he knowingly entered himself into a dangerous situation, even if the situation was created by the defendant.

Fast Facts

  • Assumption of risk does not remobe all liability from the original dutyholder
  • For a long time, skiiing and other recreational/resort-type personal injury cases have involved assumption of risk

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