Also known as: assume the risk · assumes the risk · assuming the risk · assumption of risk
Written by attorneys · grounded in primary & secondary sources — see below
A defense barring recovery when the plaintiff voluntarily and knowingly encounters a known danger. The doctrine applies to the same extent in nuisance actions as in other tort claims and extends to situations involving reckless disregard of safety.
Alfred Ashford purchased property next to Aurora Biotech's chemical plant knowing the facility emitted strong odors. He continued living there for years without complaint. When Ashford later sued for private nuisance, the court dismissed the claim because his decision to remain despite the known emissions constituted assumption of the risk.
Audrey Ashton accepted a ride from a driver she knew had been drinking heavily and driving erratically. When the car crashed due to the driver's reckless speeding, Ashton sued for her injuries. The court barred recovery because she had assumed the risk arising from the defendant's reckless disregard of safety.
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Ariana Azizi purchased a cruise ticket containing a clause requiring all disputes to be litigated in Florida. She boarded the ship and later sued in her home state after suffering an injury. The court enforced the clause because Azizi had assumed the risk of litigating far from home by accepting the ticket terms.
Alexandra Armstrong bought a car from a dealer after personally inspecting the wheel assembly and noticing a potential weakness. The wheel later failed, injuring her. The court held that her recovery was barred because she had assumed the risk of the defect by proceeding with the purchase despite her knowledge.
Astra Aerospace contracted with Apollo Energy to supply aluminum at a price tied to market indices. When market volatility caused sharp increases, Astra sought to avoid the deal. The court enforced the contract because Astra had assumed the risk of price fluctuations through the agreed formula.
Amber Alonzo continued smoking cigarettes after reading package warnings about lung cancer risks. She later developed cancer and sued the manufacturer. The court dismissed the claim because Alonzo had assumed the risk of the known health consequences by persisting in her use.
Yes. The doctrine applies only when the plaintiff voluntarily encounters a known risk. A plaintiff who lacks actual knowledge of the danger cannot be said to have assumed it.
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Assumption of the risk focuses on the plaintiff's voluntary acceptance of a known hazard. Contributory negligence concerns unreasonable conduct that contributes to the injury, even without knowledge of the specific risk.
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Yes. A person who shares premises with another assumes the risk that the co-occupant may permit officers to search the common areas, rendering the consent valid against the non-consenting party.
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Yes. A plaintiff who assumes the risk arising from the defendant's reckless disregard of safety is barred from recovery for resulting harm under the Restatement rule.
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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…