Assumption of risk
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| Tort law II |
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| Negligent torts |
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Assumption of risk is a defense in the law of torts, which bars a plaintiff from recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity participated in.
What is usually meant by assumption of risk is more precisely termed primary assumption of risk. It occurs when the plaintiff has either expressly or impliedly relieved the defendant of the duty to mitigate or relieve the risk causing the injury from which the cause of action arises. It operates as a complete bar to liability on the theory that on assumption of risk, the duty of care passed to the plaintiff, and that without duty, there can be no negligence. However, primary assumption of risk is not a blanket exemption from liability for the operators of a dangerous activity. The specific risk causing the injury must have been known to, and appreciated by, the plaintiff in order for primary assumption of risk to apply.
This defense is commonly used in cases of injuries occurring during risky recreational activities, such as skiing, paragliding, and scuba diving.
Secondary assumption of risk is a rather different doctrine akin in some respects to comparative negligence.
This can also be called Volenti non fit injuria
