Assumption of Risk

Question 1

Assumption of Risk

Answer 1

If P assumed the risk (understood the risk & voluntarily submitted himself to it), P is barred from recovery.

A complete defense if proven by Defendant

Question 2

Express Assumption of Risk

Answer 2

P expressly agrees not to hold D liable for injury suffered from risk created by D.

Requires:

Consent to accept risk is freely given

Consent must be to particular risk that led to injury

Validity of Disclaimers – see Ski Resort cases

Question 3

Implied Assumption of Risk

Answer 3

A P undertakes conduct with a full understanding of the possible harm to him & consents to the risk under those circumstances inferred through words and conduct

Question 4

Assumption of Risk - Jobsite

Answer 4

An employee who assumes an obvious risk may not recover from his employer

Question 5

Obvious Danger

Answer 5

ONE WHO VIEWS OBVIOUS DANGERS AND STILL PARTAKES IN THE ACTIVITY IS DEEMED TO HAVE ACCEPTED THOSE DANGERS

Question 6

Release Form

Answer 6

A liability release form may be found unenforceable if it violates public policy.
This case also identifies the SPECIFICITY of A or Risk: It is not “generally dangerous”