assumption of risk

assumption of risk
as·sump·tion of risk: a doctrine that a person may in advance relieve another person of the obligation to act towards him or her with due care and may accept the chance of being injured; also: an affirmative defense that the plaintiff cannot receive compensation for injuries from the defendant because the plaintiff freely and knowingly assumed the risk of injury and relieved the defendant of the obligation to act with reasonable care compare contributory negligence at negligence, volenti non fit injuria
◇ Assumption of risk may be express or may be implied from the plaintiff's words and actions. Assumption of risk has been abolished in certain types of cases, such as workers' compensation cases.

Merriam-Webster’s Dictionary of Law. . 1996.

assumption of risk
n.
An affirmative defense stating that a plaintiff voluntarily risked injury by exposing him- or herself to a known danger.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


assumption of risk
the defence to a tort claim that what happened to the plaintiff is what he could reasonably expect. In the USA there is sometimes a distinction between primary assumption, which is where there is no duty, and secondary assumption, where there is a duty but it is waived by the plaintiff. In the UK this is dealt with under the head of volenti non fit injuria, but some statutes are now written in terms of assumption of risk.

Collins dictionary of law. . 2001.


assumption of risk
1) An affirmative defense in a negligence case, in which the defendant claims that the situation (taking a ski-lift, climbing a steep cliff) was so inherently or obviously hazardous that the injured plaintiff must have known of the risk, but took the chance of being injured.
2) The act of contracting to take over a risk, such as buying the right to a shipment and accepting the danger that it could be damaged or prove unprofitable.
Category: Accidents & Injuries
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


assumption of risk
n.
1 In contract law, the act or agreement to take on a risk of damage, injury, or loss, often stated as the risk "passes" to the purchaser upon the occurrence of a certain event, e.g., shipment of goods.
2 In contract law, an employee's express agreement to undertake the risks that normally accompany or arise from that occupation.
3 In tort law, that a plaintiff voluntarily accepted or exposed himself to a risk of damage, injury, or loss, after appreciating that the condition or situation was clearly dangerous, and nonetheless made the decision to act; in such cases, the defendant may raise the plaintiff's knowledge and appreciation of the danger as an affirmative defense.
Successful invocation of assumption of risk as an affirmative defense will result in a reduction or elimination of damages assessed against the defendant. This defense has been strictly limited in many states, and is unavailable in certain types of actions, e.g., product liability cases.
See also negligence.

Webster's New World Law Dictionary. . 2000.


assumption of risk
A defense, facts offered by a party against whom proceedings have been instituted to diminish a plaintiff's cause of action or defeat recovery to an action in negligence, which entails proving that the plaintiff knew of a dangerous condition and voluntarily exposed himself or herself to it.

Dictionary from West's Encyclopedia of American Law. 2005.


assumption of risk
I
A defense, facts offered by a party against whom proceedings have been instituted to diminish a plaintiff's cause of action or defeat recovery to an action in negligence, which entails proving that the plaintiff knew of a dangerous condition and voluntarily exposed himself or herself to it.
 II A doctrine under which a person may not recover for an injury received when he has voluntarily exposed himself to a known danger.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

assumption of risk
n.
   1) taking a chance in a potentially dangerous situation. This is a typical affirmative defense in a negligence case, in which the defendant claims that the situation (taking a ski-lift, climbing a steep cliff, riding in an old crowded car, working on the girders of a skyscraper) was so inherently or obviously hazardous that the injured plaintiff should have known there was danger and took the chance that he/she could be injured.
   2) the act of contracting to take over the risk, such as buying the right to a shipment and accepting the danger that it could be damaged or prove unprofitable.

Law dictionary. . 2013.

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Look at other dictionaries:

  • 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 in… …   Wikipedia

  • assumption of risk — The doctrine of assumption of risk, also known as volenti non fit injuria, means legally that a plaintiff may not recover for an injury to which he assents, i.e., that a person may not recover for an injury received when he voluntarily exposes… …   Black's law dictionary

  • assumption of risk — The doctrine of assumption of risk, also known as volenti non fit injuria, means legally that a plaintiff may not recover for an injury to which he assents, i.e., that a person may not recover for an injury received when he voluntarily exposes… …   Black's law dictionary

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  • assumption of risk — a rule of common law that an employee entering upon employment assumes risks of injury incident to such employment …   Useful english dictionary

  • voluntary assumption of risk — See assumption of risk …   Ballentine's law dictionary

  • risk — n 1 a: possibility of loss or injury b: liability for loss or injury if it occurs the risk of loss passes to the buyer when the goods are duly delivered to the carrier Uniform Commercial Code the risk of personal injury and property damage should …   Law dictionary

  • assumption — I (adoption) noun acceptance, acquisition, receiving, reception, recipience, selection, taking on, undertaking associated concepts: assumpsit on quantum meruit, assumption agreement, assumption of debt, assumption of facts, assumption of… …   Law dictionary

  • secondary assumption of risk — Such occurs when individual voluntarily encounters known, appreciated risk without an intended manifestation by that individual that he consents to relieve another of his duty. Calvert v. Garvey Elevators, Inc., 236 Kan. 570, 694 P.2d 433, 437 …   Black's law dictionary

  • secondary assumption of risk — Such occurs when individual voluntarily encounters known, appreciated risk without an intended manifestation by that individual that he consents to relieve another of his duty. Calvert v. Garvey Elevators, Inc., 236 Kan. 570, 694 P.2d 433, 437 …   Black's law dictionary

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