Assumption Of Risk Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Assumption Of Risk, written in plain English, along with examples of how it is used.
What is Assumption Of Risk?
(n) Assumption Of Risk is the notional acceptance of the hazard or danger associated with an activity by accepting, following or otherwise doing or attempting to do such activities. Eg.1.Participating is ski diving excercises.2. Snake charming 3.Trading in futures.
History and Definition of Assumption Of Risk
Assumption of Risk is a legal term that describes a situation in which an individual voluntarily accepts the inherent risks involved in a particular activity or situation. It is often used in cases where an individual has been injured or harmed and may be used as a defense by the responsible party. The concept of Assumption of Risk has its roots in the legal doctrine of "volenti non fit injuria," which translates roughly to "to a willing person, injury is not done."
The Assumption of Risk doctrine is often invoked in sports and recreational activities that involve an element of danger or risk, such as skydiving, rock climbing, or skiing. In these situations, participants are deemed to have "assumed the risk" of injury or harm associated with the activity, and as a result, may be precluded from recovering damages for injuries sustained.
Examples of Assumption Of Risk
A person participating in a bungee jump activity assumes the risk of potential injury or death due to the extreme nature of the activity.
A person who attends a baseball game assumes the risk of being hit by a foul ball, even if they are seated far away from the action.
A person who signs a waiver before participating in a high ropes course activity assumes the risk of injury or harm due to the inherent risks associated with the activity.
Legal Terms Similar to Assumption Of Risk
Contributory Negligence - a legal defense that states a plaintiff's own negligence was at least partially responsible for their injuries.
Comparative Negligence - a legal defense that reduces a plaintiff's damages award by the percentage of fault assigned to them.
Implied Consent - a legal doctrine that means a person consents to an activity or situation by their actions or conduct.