assumption of risk


assumption of risk
A defense against liability for negligence which is based upon the principle that one who knows, appreciates, and deliberately exposes himself to a danger assumes the risk thereof. 38 Am J1st Negl § 171. An employee by his very act of entering the service of the employer-by his very contract of employment-assurnes the ordinary risk of the service or such as usually are incident thereto, and accordingly has no common-law right of action against the employer for an injury sustained solely by reason of such a risk. 35 Am J1st M & S § 293. The doctrine of assumption of the risk, as applied in the master and servant cases, has been abolished as a defense in most American jurisdictions. 35 Am J1st M & S § 297. There is still scope for the application of the defense in other cases, however, since the better view is that it is not limited to cases where there was a contract relationship between the injured party and the defendant. 38 Am J1st Negl § 171.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • 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… …   Law dictionary

  • 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

  • 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

  • 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

  • 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


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