---
title: "Assumption of Risk"
type: Legal Term
source: https://casebriefly.com/legal-terms/assumption-of-risk
---

# Assumption of Risk

Assumption of risk is a defense asserting that the plaintiff voluntarily encountered a known danger and, by doing so, implicitly consented to relieve the defendant of liability. Express assumption of risk occurs through a waiver or exculpatory clause. Implied assumption of risk arises from conduct showing voluntary acceptance of a known risk. In jurisdictions that have adopted comparative negligence, implied assumption of risk is often subsumed into the comparative fault analysis.

## Related Terms

- comparative-negligence
- contributory-negligence
- negligence

## Related Cases


## Example

A spectator at a baseball game is struck by a foul ball. The spectator assumed the risk of being hit by a ball, a well-known hazard of attending a live game.

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Source: [Assumption of Risk — CaseBriefly](https://casebriefly.com/legal-terms/assumption-of-risk)