Assumption of risk is a type of defense mainly used for personal injury and negligence lawsuits. The assumption of risk surfaces when a plaintiff knowingly and voluntarily assumes a risk of harm associated with the negligence of their actions. Once a plaintiff has assumed risk, they can no longer recover damages for any harm caused by their conduct, even if they were not negligent or irresponsible (LaMance, 2016).
The assumption of the risk prevents a defendant from disclaiming liability, it deters an injured party from filing a lawsuit. However, express assumption of risk is an agreement through contract law. The contract cannot be in violation of any public policy. A public policy can be described as any necessity or accessibility such as medical equipment, and the contract will not cover any intentional acts. Let’s say the owner of a racecar track intentionally left a tire on the track with the intention of harming someone, the assumption of risk defense would not apply to this situation (LaMance, 2016). …show more content…
The risk may be express or implied. An express assumption of risk is usually in form of a written agreement among two parties. If someone engages in a very dangerous activity like Bungee jumping. The person assuming that risk would be required to sign a waiver stating they are assuming all risks associated with Bungee jumping, and they will not pursue litigation if they are wounded (LaMance, 2016). The implied assumption of risk does not contain a written agreement. However, it can be in the form of an oral statement or behavior of an individual. Although implied assumption may be general, the assumption is voluntary and understood by all parties, there are some forms of conduct that cannot be waivered. Such conduct includes, criminal behavior against someone. Voluntary behavior may be essentially involuntary due to
The assumption of the risk prevents a defendant from disclaiming liability, it deters an injured party from filing a lawsuit. However, express assumption of risk is an agreement through contract law. The contract cannot be in violation of any public policy. A public policy can be described as any necessity or accessibility such as medical equipment, and the contract will not cover any intentional acts. Let’s say the owner of a racecar track intentionally left a tire on the track with the intention of harming someone, the assumption of risk defense would not apply to this situation (LaMance, 2016). …show more content…
The risk may be express or implied. An express assumption of risk is usually in form of a written agreement among two parties. If someone engages in a very dangerous activity like Bungee jumping. The person assuming that risk would be required to sign a waiver stating they are assuming all risks associated with Bungee jumping, and they will not pursue litigation if they are wounded (LaMance, 2016). The implied assumption of risk does not contain a written agreement. However, it can be in the form of an oral statement or behavior of an individual. Although implied assumption may be general, the assumption is voluntary and understood by all parties, there are some forms of conduct that cannot be waivered. Such conduct includes, criminal behavior against someone. Voluntary behavior may be essentially involuntary due to