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Simple English definitions for legal terms

assumption of risk

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A quick definition of assumption of risk:

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.

A more thorough explanation:

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.

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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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