Assumption Of Risk

Assumption of risk is a term that means someone knew the dangers of a particular action, yet deliberately took that action anyway. It is a defense often used when an individual has been injured in some sort of risky activity - such as skiing, parasailing or something equally risky. The individual who knowingly took the risk is unable to hold another person accountable. If a person knowingly submits themselves to the risks and consequences of a situaiton, the only person they can hold responsible is themselves. For instance, if an individual is injured while he or she has gone bungee jumping, they may decide to sue the bungee jumping company. However, the company could use the Assumption of Risk defense, because the individuals knew that they were taking risks if they agreed to do the jump.

Fast Facts

  • The doctrine of assumption of risk is also sometimes referred to as volenti non fit injuria.
  • A contract does not have to be present in order to use an Assumption of Risk defense - it can be implied.

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