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Primary Implied Assumption of Risk

Primary Implied Assumption of Risk

Definition

An affirmative defense in tort law that arises if a victim knowingly and voluntarily participates in activities that carry inherent risks. In that event, a court will deem the victim to have agreed to assume any risks reasonably understood to be inherent aspects of the activity. Primary implied assumption of the risk frequently involves situations in which a plaintiff either engages in a dangerous line of work or participates in a risky sport or recreational activity. The primary-implied-assumption-of-the-risk defense cannot be raised in the healthcare context.

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