Also known as: assumes the risk · assumed the risk · assuming the risk · assumption of risk
Written by attorneys · grounded in primary & secondary sources — see below
An affirmative defense in tort actions by which a defendant avoids liability when the plaintiff voluntarily and knowingly encounters a known danger. The defense applies to the same extent in nuisance actions as in other tort claims. A plaintiff who assumes the risk arising from the defendant's reckless disregard of safety is barred from recovery.
Adam Anderson rented an apartment from Atlas Ventures. A pipe leaked for months after Adam notified the landlord, causing mold that worsened his asthma. Adam continued living in the unit while awaiting repairs. When Adam sued for nuisance, the landlord raised assumption of risk as a defense.
Ava Adebayo accepted a ride from a friend known for reckless speeding. During the trip the driver ignored multiple warnings and crashed, injuring Ava. Ava sued the driver for reckless disregard of safety. The driver asserted that Ava had assumed the risk of harm.
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Ben Baxter purchased a ticket and sat in the front row at a demolition derby. He knew flying debris was common yet stayed in his seat. When a car part struck him, Ben sued the track owner in negligence. The owner raised assumption of risk as a complete defense.
Carla Cruz borrowed a visibly cracked ladder from her neighbor to trim branches. She knew the crack created a fall risk yet climbed anyway and was injured. Carla sued the neighbor for negligence. The neighbor asserted that Carla had assumed the risk of using the defective ladder.
Derek Dixon accepted a ride in a car with no seatbelts and bald tires. He knew the vehicle was unsafe yet chose to ride anyway. When an accident occurred, Derek sued the driver. The driver raised assumption of risk based on Derek's voluntary encounter with the known danger.
Elena Estes entered a closed-off expert slope marked with avalanche warnings. She had read the posted signs yet proceeded down the trail. When she was injured, Elena sued the ski resort. The resort defended on the ground that Elena had assumed the risk of the known hazard.
No. Assumption of risk requires that the plaintiff knew of and voluntarily accepted a specific danger. A tenant does not assume all risks merely by signing a lease, especially when the landlord has promised to make repairs.
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A plaintiff who assumes the risk arising from the defendant's reckless disregard of safety is barred from recovery. The defense applies when the plaintiff voluntarily encounters the known danger created by that reckless conduct.
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Yes. In an action for nuisance the plaintiff's assumption of risk is a defense to the same extent as in other tort actions.
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…argument that private persons should not be required to prove New York Times knowing-or-reckless falsity because they do not assume the risk of defamation by freely entering the public arena "bears little relationship either to the values protected by the First Amendment or to the nature of our society." Id., at 47 . Social…