Assumption of Risk

Definition

A defense against negligence liability when someone voluntarily accepts a known danger. 'You knew the risks and did it anyway,' the law says.

Example Usage

The ski resort relied on assumption of risk as a defense against the injured skier's negligence claim.

Origin

Tort law defense doctrine; developed in English common law

Fun Fact

Assumption of risk doesn't apply to hidden dangers or reckless conduct—courts won't enforce it when the defendant wasn't honest about the risks

Source: Tort law doctrine; defense doctrine

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ittif

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