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Tag Archives: assumption of the risk

Assumption of the Risk in Releases and Waivers

By Robert Ross |

ARE WRITTEN RELEASES OF LIABILITY VALID? Sometimes, people are asked to sign a written release of liability (sometimes called a “waiver of liability”) before engaging in certain kinds of sports or recreational activities. These waivers usually contain language releasing the person or company running the activity from legal liability for injuries the participant suffers… Read More »

“Assumption of the Risk” in Recreational Activities

By Robert Ross |

PEOPLE WHO ENGAGE IN RISKY RECREATIONAL ACTIVITIES MAY “ACCEPT THE RISK” OF CERTAIN INJURIES “Assumption of the risk” is a legal doctrine that, in proper circumstances, negates a defendant’s duty of care to an injured plaintiff. In practical terms, this means the defendant generally will not be held legally liable (on a standard negligence… Read More »

“Assumption of the Risk” in Negligence Cases

By Robert Ross |

ASSUMPTION OF THE RISK IS A DEFENSE IN NEGLIGENCE ACTIONS When applicable, the legal doctrine of “assumption of the risk” negates the defendant’s duty of care to the injured plaintiff, either entirely or in part. In circumstances where the doctrine applies, the defendant owes the plaintiff no legal duty, and thus is not generally… Read More »

Sometimes, Comparative Negligence Includes “Assumption of the Risk”

By Robert Ross |

ASSUMPTION OF THE RISK MAY BAR AN INJURED PLAINTIFF’S RECOVERY As we discussed earlier in the month, the legal doctrine known as “assumption of the risk” states that a plaintiff’s right to recover damages from an otherwise negligent defendant may be reduced–or barred altogether–if the plaintiff “knowingly and voluntarily” accepted the risks associated with the… Read More »

The Plaintiff’s Liability for Engaging in Dangerous Behaviors

By Robert Ross |

WHAT IS “ASSUMPTION OF THE RISK”?  The legal doctrine known as “assumption of the risk” states that a plaintiff’s right to recover damages from an otherwise negligent defendant may be reduced–or barred altogether–if the plaintiff “knowingly and voluntarily” accepted the risks associated with the (usually dangerous) activities that resulted in the plaintiff’s injuries. In… Read More »

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