Assumption of Risk

Question 1

An ____ assumption of risk occurs when the parties agree ____ the harm occurs, either in writing or orally, that plaintiff will relieve defendant of his or her ___ ____toward plaintiff.

Answer 1

express
before
legal duty

Question 2

What are the 3 elements required for implied assumption of risk?

Answer 2

Plaintiff must know of the potential of the risk

the magnitude of the risk

and voluntarily accept the risk created by the activity