Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

assumption of risk

Read a random definition: Doctors' Commons

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
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
LSD+ is ad-free, with DMs, discounts, case briefs & more.