tort law · defense
Assumption of risk arises when a plaintiff knowingly and voluntarily exposes themselves to a known danger. This doctrine is primarily used as a defense in negligence cases, asserting that the plaintiff's own actions contributed to their injury.
The plaintiff must be aware of the specific risks associated with the activity they engaged in.
What to prove: It must be shown that the plaintiff had full knowledge of the dangers inherent to the activity.
The plaintiff must have voluntarily chosen to participate in the activity despite knowing the risks.
What to prove: Evidence must demonstrate that the plaintiff engaged in the activity of their own free will without coercion.
The risk encountered by the plaintiff must fall within the scope of the risks they assumed.
What to prove: It must be established that the injury occurred as a result of a risk that was a foreseeable consequence of the activity.
The defendant bears the burden of proof. They must establish each element of assumption of risk by preponderance of the evidence.
Look for scenarios where a plaintiff willingly engaged in an activity with known risks; be prepared to analyze whether their actions satisfy the elements of assumption of risk.