Legal Definitions - implied assumption of the risk

Implied assumption of the risk is a legal defense asserting that an individual has voluntarily accepted a known danger, even without explicitly stating their consent. This acceptance is not based on a written or spoken agreement, but rather is inferred from the person's actions, conduct, or the surrounding circumstances. For this principle to apply, the individual must have understood and appreciated the specific risk involved and then freely chosen to proceed despite that knowledge. If successful, this defense can limit or prevent a person from recovering damages if they are injured.

Here are some examples to illustrate this concept:

• Example 1: Participating in a High-Risk Recreational Activity

  Imagine a person who decides to go whitewater rafting on a river known for its challenging rapids. Before getting into the raft, they observe the turbulent water and hear the guide explain the potential for capsizing and falling out. Despite this, they willingly participate. If they later fall out of the raft and sustain a minor injury, a court might find that they impliedly assumed the risk inherent in whitewater rafting. Their voluntary decision to join the activity, with an understanding of its dangers, suggests they accepted those risks.

• Example 2: Entering a Clearly Marked Hazardous Area

  Consider a scenario where a pedestrian ignores prominent "Danger: Falling Debris" signs and a safety fence to take a shortcut through a demolition site. They can clearly see workers operating heavy machinery and dust rising from collapsing structures. If a small piece of debris then falls and causes a minor injury, the demolition company might argue that the pedestrian impliedly assumed the risk. By deliberately entering a visibly hazardous zone despite clear warnings, the pedestrian's actions indicate an acceptance of the dangers present.

• Example 3: Attending a Sporting Event with Known Risks

  A spectator purchases a ticket to a professional hockey game and chooses to sit in the front row, directly behind the plexiglass barrier. They are aware that hockey pucks can occasionally fly over the barrier into the stands, and they have seen warnings about this risk on their ticket and at the arena entrance. If a puck does fly over and strikes them, causing an injury, the arena or team might contend that the spectator impliedly assumed the risk. Their decision to sit in a known high-risk area, with an understanding of the potential for flying pucks, suggests they accepted that particular danger.