Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

assumption of risk

Read a random definition: selling agent

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.

assumption | assured

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
LSD+ is ad-free, with DMs, discounts, case briefs & more.