Simple English definitions for legal terms
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Assumption of risk is a legal idea that means if someone knows there is a risk of getting hurt and still chooses to do something, they can't blame someone else if they get hurt. For example, if someone plays a sport and gets hurt, they can't sue the other players or the people who organized the game because they knew there was a risk of getting hurt when they decided to play. There are two types of assumption of risk: express and implied. Express assumption of risk is when someone signs a paper saying they know there is a risk and won't sue if they get hurt. Implied assumption of risk is when someone knows there is a risk but doesn't sign anything. In some places, assumption of risk is not allowed as a defense, but in other places, it is still used.
Assumption of risk is a legal concept that means a person cannot sue someone else for injuries they suffered if they knew there was a risk of getting hurt and chose to take that risk anyway. This is often used as a defense in court cases where someone is injured and wants to hold another person responsible.
There are two types of assumption of risk: express and implied.
Express assumption of risk is when someone signs a waiver or agreement that says they understand the risks involved in an activity and agree not to hold anyone else responsible if they get hurt. For example, if you sign a waiver before going bungee jumping, you are assuming the risk of injury and cannot sue the bungee jumping company if something goes wrong.
Implied assumption of risk is when someone participates in an activity that they know is dangerous and could result in injury. For example, if you play football, you are assuming the risk of getting hurt because it is a contact sport. If you get injured while playing football, you cannot sue the other players or the league because you knew the risks involved.
Some jurisdictions further divide implied assumption of risk into primary and secondary assumption.
Primary assumption of risk is when the defendant had no duty of care to the plaintiff at all. This means they cannot be found negligent. An example of primary assumption of risk is participating in a sporting event. If you get hurt while playing a sport, you cannot sue the other players or the league because they did not owe you a duty of care.
Secondary assumption of risk occurs when the defendant does have a duty of care to the plaintiff, but that duty was breached. In these scenarios, secondary assumption of risk will be evaluated as if it were comparative negligence. For example, if you slip and fall in a grocery store because the floor was wet and the store did not put up a warning sign, you may be able to sue the store for negligence because they had a duty to keep their premises safe.