Define: Assumption Of Risk

Assumption Of Risk
Assumption Of Risk
Quick Summary of Assumption Of Risk

An assumption of risk is the risk assumed when engaging in inherently dangerous or risky actions. Claimants who engage in such activities may legally forfeit their right to compensation from a potential injury. Assumption of risk is an available defence for certain types of personal injury claims. To prove the assumption of risk several requirements must be met:

The plaintiff had actual knowledge of the risk involved in the conduct or activity;
The plaintiff must have the capacity to understand any type of written agreement or contract waiving liability. For instance, a mentally ill patient cannot waive their rights to sue their doctor.
The plaintiff voluntarily accepted the risk, either expressly through agreement or implied by their words and conduct. Consider, however, the plaintiff could not have been forced to participate in the activity.

Express assumption of risk usually takes the form of a written agreement between the plaintiff and defendant (i.e. a skydiving waiver of liability). Assumption of risk can also be assumed if a plaintiff is engaged in certain sporting activities, is entering a hazardous area, or participating in an activity where there is an inherent and obvious danger.

What is the dictionary definition of Assumption Of Risk?
Dictionary Definition of Assumption Of Risk

Assumption of Risk:

Noun

1. A legal doctrine that refers to the voluntary acceptance of a known risk or danger by an individual, typically in the context of participating in a potentially hazardous activity or situation.

2. In the field of law, it is a defence strategy used by defendants to argue that the plaintiff willingly and knowingly exposed themselves to a certain level of risk, thereby absolving the defendant of liability for any resulting harm or injury.

3. The concept of assumption of risk is based on the principle that individuals have the freedom to make choices and engage in activities that may involve inherent risks, and by doing so, they accept responsibility for any potential harm that may arise.

4. This doctrine is often applied in cases involving sports, recreational activities, and certain professions where individuals are aware of the risks involved and voluntarily decide to participate, sign waivers, or take necessary precautions.

5. However, the assumption of risk defence may not be applicable in situations where the defendant’s actions were grossly negligent, intentionally harmful, or if the plaintiff was not adequately informed about the risks involved.

Example: The defendant successfully argued the assumption of risk defence, stating that the plaintiff willingly participated in the extreme sport and signed a waiver acknowledging the potential dangers, thus relieving the defendant of any liability for the resulting injuries.

n. 1) taking a chance in a potentially dangerous situation. This is a typical affirmative defence in a negligence case, in which the defendant claims that the situation (taking a ski lift, climbing a steep cliff, riding in an old, crowded car, working on the girders of a skyscraper) was so inherently or obviously hazardous that the injured plaintiff should have known there was danger and took the chance that he/she could be injured. 2) the act of contracting to take over the risk, such as buying the right to a shipment and accepting the danger that it could be damaged or prove unprofitable.

Full Definition Of Assumption Of Risk

Assumption of risk is a legal doctrine that holds individuals responsible for the risks they willingly and knowingly undertake. It is often used as a defence in personal injury cases, where the defendant argues that the plaintiff voluntarily participated in an activity with inherent risks and should bear the consequences of any resulting harm.

To successfully assert assumption of risk, the defendant must demonstrate that the plaintiff had actual knowledge of the risks involved, understood the nature and extent of those risks, and voluntarily chose to proceed despite the risks. The doctrine applies to a wide range of activities, such as sports, recreational activities, and certain professions.

In some jurisdictions, the assumption of risk can be a complete defence, absolving the defendant of any liability. In others, it may only reduce the defendant’s liability or limit the damages that the plaintiff can recover. The application and interpretation of assumption of risk vary among jurisdictions, and courts consider factors such as the nature of the activity, the plaintiff’s age and experience, and any waivers or agreements signed by the parties.

It is important to note that the assumption of risk does not apply in situations where the defendant’s conduct was reckless or intentional or where there was a duty of care owed by the defendant that was breached. Additionally, some jurisdictions have modified or abolished the doctrine altogether, recognising that individuals should not be forced to bear the consequences of risks that are unreasonably dangerous or beyond their control.

Overall, assumption of risk is a legal principle that recognises an individual’s voluntary acceptance of known risks and can impact the outcome of personal injury cases.

Assumption of risk is a defence in the law of torts, which bars a plaintiff from recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity participated in.

What is usually meant by an assumption of risk is more precisely termed the primary assumption of risk. It occurs when the plaintiff has either expressly or impliedly relieved the defendant of the duty to mitigate or relieve the risk causing the injury from which the cause of action arises. It operates as a complete bar to liability on the theory that, on an assumption of risk, the duty of care passed to the plaintiff, and that without duty, there can be no negligence.

However, the primary assumption of risk is not a blanket exemption from liability for the operators of a dangerous activity. The specific risk causing the injury must have been known to and appreciated by the plaintiff in order for the primary assumption of risk to apply.

This defence is commonly used in cases of injuries occurring during risky recreational activities, such as skiing, paragliding, and scuba diving.

secondary assumption of risk is a rather different doctrine, akin in some respects to comparative negligence.

This can also be called “volenti non fit injuria. – Murphy v. Steeplechase Amusement Co., “The Flopper,” 166 N.E. 173 (N.Y. 1929)

The Flopper is a flagship case in American tort law exemplifying the defence of assumption of risk. The plaintiff was injured on an amusement park ride (The Flopper) at a park on Coney Island, New York, that was owned and operated by Steeplechase Amusement Co. The ride consisted of a belt running upward on an inclined plane on which riders sat or stood. Since the movement of the belt caused riders to lose their balance, the sides of the belt were padded.

The plaintiff watched the ride for a while and witnessed some riders falling before deciding to go on the ride himself. When he boarded the ride, he said that he felt a sudden jerk, which caused him to fall and injure himself. Benjamin Cardozo ruled that the risks in the ride were apparent and in deciding to board the ride, he was assuming the risk. Steeplechase Amusement Co. was found not liable for the injury.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 10th April, 2024.

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