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Risk and assumption
being aware of the inherent dangers.
A plaintiff’s action is willful, deliberate, and puts others in harm.
Thus, the plaintiff’s actions acquit the defendant from any form of liability or implications. The court can only agree that the plaintiff was aware of the implications and inherent risks. Such agreement depends on the facts or evidence presented before the court against the plaintiff. Such facts must have all evidence of reasonability to become admissible by the court.
What is the assumption of risk?
The Assumption of Risk doctrine is also known as volenti non fit injuria. It is an action willingly taken by a plaintiff that consequently relieves the defendant of liabilities. It becomes tenable based on the risky action taken or about to be taken by a plaintiff.Assumption of risk is a popular law doctrine advantageous to the defendant. Although, until recently, it worked in affirmative defense and was only made available to the defendants. For example, in California State, part of it has been replaced with contributory negligence for both parties.
