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Simple English definitions for legal terms
primary assumption of the risk
Read a random definition: constructive taking
A quick definition of primary assumption of the risk:
Primary assumption of the risk is when someone willingly participates in an activity that has known risks and then gets hurt. This means that the person who caused the injury is not responsible because the injured person knew the risks and chose to take them anyway. It's like if you decide to go skydiving and get hurt, you can't blame the skydiving company because you knew it was dangerous and chose to do it anyway.A more thorough explanation:
Definition: Primary assumption of the risk is a legal concept that means a person who voluntarily engages in an activity that has inherent risks cannot sue another party for injuries resulting from those risks.
For example, if someone decides to go skydiving, they are assuming the risk of injury or death that comes with that activity. If they are injured during the skydiving experience, they cannot sue the skydiving company for damages because they knew the risks and chose to participate anyway.
Another example is a person who attends a baseball game and is hit by a foul ball. They cannot sue the stadium or the team for damages because they assumed the risk of being hit by a ball when they chose to attend the game.
Primary assumption of the risk is a complete bar to recovery, meaning the injured party cannot recover any damages from the other party.