Assumption of Risk

Question 1

A plaintiff who voluntarily assumes a risk of harm arising from the negligent or reckless conduct of the defendant cannot recover for such harm.

Answer 1

general rule statement for assumption of risk

Question 2

Which element of negligence is negated in assumption of risk?

Answer 2

Duty

Question 3

If the plaintiff ____ consents to confront the harm from a risk created by the Defendant, the plaintiff is said to have __ __ __ and is ___ from any recovery from negligence

Answer 3

voluntarily
waived the duty
barred

Question 4

DELETR

Answer 4

DELETE

Question 5

(general rule statement for express assumption of risk)

An ____ between the P and another person ___ that person from liability for future harms and ___ the plaintiff’s recovery from that person for the harm

Answer 5

agreement (oral or written)
relieves
bars

Question 6

What are the elements for proving an implied assumption of risk? (3,k.a.v)

Answer 6

1. P knows of the specific risk
2. P is aware of the magnitude of the risk
3. P voluntarily placed himself in a position to be injured by taking the risk

Question 7

In a primary assumption of risk, the D had no ___ to the P

Answer 7

duty of care

Question 8

In a secondary assumption of risk, the D had a duty of care and was negligent but P ______

Answer 8

assumed the risk of the negligence anyway

Question 9

A ______ prescribes the period of time within which an action must be commenced, after the action accrues.

Answer 9

A statute of limitation prescribes the period of time within which an action must be commenced, after the action accrues.

Question 10

A _____ sets a time beyond which an action may not be commenced, whether it has accrued or not.

Answer 10

A statute of repose sets a time beyond which an action may not be commenced, whether it has accrued or not.