Defenses: Assumption Of Risk

Question 1

Assumption of Risk

ABROGAR V. COSMOS

Answer 1

One who voluntarily exposed himself to an obvious, known and appreciated danger assumes the risk of injury that may result therefrom.

Rests on the fact that the person injured has consented to relieve the defendant of an obligation of conduct toward him and to take his chance of injury from a known risk, and whether the former has exercise proper caution or not is immaterial.

IT MAY SOMETIMES INCLUDE ACCEPTANCE OF RISK ARISING FROM THE DEFENDANT’S NEGLIGENCE, BUT ONE DOES NOT ORDINARILY ASSUME RISK OF ANY NEGLIGENCE WHICH HE DOES NOT KNOW AND APPRECIATE.

Question 2

Elements of Assumption of Risk

Answer 2

1. Plaintiff must know that risk is present
2. He must further understand the nature
3. His choice to incur it must be free and voluntary

Knowledge is the watchword of assumption of risk.

The knowledge must be of the specific risk that caused the harm to him.

Question 3

Degree of care required from electric companies

Answer 3

IN TIMES OF CALAMITIES, extraordinary diligence requires a supplier of electricity to be in constant vigil to prevent or avoid any probable incident that might imperil life and limb

Question 4

Assumption of Risk not applicable

Ilocos Norte

Answer 4

1. Emergency found to exist
2. Life or property of ANOTHER is in peril
3. He seeks to rescue HIS endangered property

Question 5

Assumption of Risk

Rodrigueza v. Manila Railroad

Answer 5

Railroad liable where property is in its right of way with its tolerance!!!

No assumption of risk. He cannot be held to have assumed the risk of any damage that might result from the unlawful, negligent acts of the defendant.