Assumption of the risk-torts

assumption of the risk

the plaintiff perceived the risk created by the defendant’s negligent conduct but knowingly proceeded anyway

Elements of Assumption of risk

1. the plaintiff knew of the risk and appreciated its unreasonableness, nature and magnitude

2. the plaintiff voluntarily proceeded in the face of the risk whether reasonable or not

Defense of assumption of the risk

is only a defense in negligence

Express or primary assumption

a valid express assumption of the risk by the plaintiff usually in the form of contract

secondary assumption

the plaintiff’s conduct creates the impression that the plaintiff knew of the risk and voluntarily proceeded and what the plaintiff did was not over inherently dangerous that it should bar the plaintiff from recovery