Assumption of the Risk

Assumption of the Risk

Learn about assumption of risk, the affirmative defense to negligence that allows a defendant to avoid liability if the plaintiff knew about the risk of harm and proceeded anyway.


Now, let's talk about an affirmative defense, which might let the defendant off the hook even if the plaintiff makes a prima facie case for negligence: assumption of the risk. The essence of assumption of the risk is that the plaintiff actually perceived the risk created by the defendant's negligent conduct, yet knowingly proceeded in the face of that risk.

I. Elements of Assumption of the Risk

The elements of assumption of the risk are as follows:

(1) First, the plaintiff actually,...