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    Assumption of Risk Doctrine of

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    jaypunzalan
    The assumption of risk doctrine means that if a person voluntarily exposes themselves to an obvious and known danger, they assume the risk of injury that may occur. For the defense to apply in a negligence case, the plaintiff must have knowledge of the risk, understand the nature of the risk, and voluntarily choose to take that risk. The central idea is that by choosing to accept a known danger, the plaintiff consents to relieve the defendant of responsibility for any injuries that may occur from that danger.

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    Assumption of Risk Doctrine of

    Uploaded by

    jaypunzalan
    221 views2 pages
    The assumption of risk doctrine means that if a person voluntarily exposes themselves to an obvious and known danger, they assume the risk of injury that may occur. For the defense to apply in a negligence case, the plaintiff must have knowledge of the risk, understand the nature of the risk, and voluntarily choose to take that risk. The central idea is that by choosing to accept a known danger, the plaintiff consents to relieve the defendant of responsibility for any injuries that may occur from that danger.

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    The assumption of risk doctrine means that if a person voluntarily exposes themselves to an obvious and known danger, they assume the risk of injury that may occur. For the defense to apply in a negligence case, the plaintiff must have knowledge of the risk, understand the nature of the risk, and voluntarily choose to take that risk. The central idea is that by choosing to accept a known danger, the plaintiff consents to relieve the defendant of responsibility for any injuries that may occur from that danger.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    221 views2 pages

    Assumption of Risk Doctrine of

    Uploaded by

    jaypunzalan
    The assumption of risk doctrine means that if a person voluntarily exposes themselves to an obvious and known danger, they assume the risk of injury that may occur. For the defense to apply in a negligence case, the plaintiff must have knowledge of the risk, understand the nature of the risk, and voluntarily choose to take that risk. The central idea is that by choosing to accept a known danger, the plaintiff consents to relieve the defendant of responsibility for any injuries that may occur from that danger.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Assumption of Risk Doctrine of

    The doctrine of assumption of risk means that one who voluntarily


    exposes himself to an obvious, known and appreciated danger
    assumes the risk of injury that may result therefrom.

    It rests on the fact that the person injured has consented to relieve the
    defendant of an obligation of conduct toward him and to take his chance of
    injury from a known risk, and whether the former has exercised
    proper caution or not is immaterial.

    In other words, it is based on voluntary consent, express or implied, to


    accept danger of a known and appreciated risk; it may sometimes include
    acceptance of risk arising from the defendant's negligence, but one does
    not ordinarily assume risk of any negligence which he does not know and
    appreciate.

    As a defense in negligence cases, therefore, the doctrine requires the


    concurrence of three elements, namely:

    (1) the plaintiff must know that the risk is present;

    (2) he must further understand its nature; and

    (3) his choice to incur it must be free and voluntary.

    According to Prosser: "Knowledge of the risk is the watchword of


    assumption of risk."

    "The general principle underlying the defense of assumption of risk is that


    a plaintiff who voluntarily assumes a risk of harm arising from the
    negligent or reckless conduct of the defendant cannot recover for such
    harm. The defense may arise where a plaintiff, by contract or otherwise,
    expressly agrees to accept a risk or harm arising from the defendant's
    conduct, or where a plaintiff who fully understands a risk or harm caused
    by the defendant's conduct, or by a condition created by the defendant,
    voluntarily chooses to enter or remain, or to permit his property to enter
    or remain, within the area of such risk, under circumstances manifesting
    his willingness to accept the risk.

    xxxx

    "Assumption of the risk in its primary sense arises by assuming through


    contract, which may be implied, the risk of a known danger. Its essence is
    venturousness. It implies intentional exposure to a known danger; It
    embraces a mental state of willingness; It pertains to the preliminary
    conduct of getting into a dangerous employment or relationship, it means
    voluntary incurring the risk of an accident, which may or may not occur,
    and which the person assuming the risk may be careful to avoid; and it
    defeats recovery because it is a previous abandonment of the right to
    complain if an accident occurs.

    "Of course, if the defense is predicated upon an express agreement the


    agreement must be valid, and in the light of this qualification the rule has
    been stated that a plaintiff who, by contract or otherwise, expressly
    agreed to accept a risk of harm arising from the defendant's negligent or
    reckless conduct, cannot recover for such harm unless the agreement is
    invalid as contrary to public policy.

    xxxx

    "The defense of assumption of risk presupposes: (1) that the plaintiff had
    actual knowledge of the danger; (2) that he understood and appreciated
    the risk from the danger; and (3) that he voluntarily exposed himself to
    such risk.

    xxx

    "The term 'risk' as used in this connection applies to known dangers, and
    not to things from which danger may possibly flow. The risk referred to is
    the particular risk, or one of the risks, which the plaintiff accepted within
    the context of the situation in which he placed himself and the question is
    whether the specific conduct or condition which caused the injury was
    such a risk."

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