Legal Definitions - primary assumption of the risk

Primary assumption of the risk is a legal principle that applies when an individual voluntarily participates in an activity that inherently carries certain known and obvious dangers. In such cases, the law may consider that the participant has accepted these inherent risks, thereby limiting the duty of care owed by others (such as the organizer or property owner) to protect them from those specific dangers. Essentially, by choosing to engage in an activity with inherent risks, the participant implicitly agrees to take on those fundamental dangers, and cannot later claim negligence for injuries arising directly from them.

Here are a few examples to illustrate this concept:

• Attending a Professional Sporting Event: Imagine a fan purchasing a ticket to a professional ice hockey game and choosing to sit in a seat close to the rink, behind the protective netting. During play, a puck is deflected over the netting and strikes the fan, causing an injury. This illustrates primary assumption of the risk because attending a hockey game inherently carries the known and obvious risk of a puck leaving the playing surface and entering the stands. By voluntarily attending the game and choosing their seat, the fan is generally considered to have accepted this inherent risk, and the arena or team typically has no duty to protect them from such an occurrence beyond providing reasonable safety measures like the netting.
• Participating in a Rock Climbing Session: Consider an experienced climber who signs up for a guided outdoor rock climbing excursion. While ascending a challenging rock face, the climber slips on a loose handhold that was not visible or easily detectable, resulting in a fall and a minor injury. This demonstrates primary assumption of the risk because rock climbing, by its very nature, involves inherent dangers such as falling, encountering loose rocks, or experiencing equipment failure despite proper precautions. The climber, by voluntarily engaging in this activity, is deemed to have accepted these fundamental risks that are integral to the sport itself. The guide has a duty to provide safe equipment and instruction, but not to eliminate the inherent dangers of climbing a natural rock face.
• Using a Public Skate Park: A teenager decides to spend an afternoon skateboarding at a public skate park designed with ramps, rails, and bowls. While attempting a trick, they lose their balance and fall, scraping their knee and spraining an ankle. This is an example of primary assumption of the risk because using a skate park for skateboarding, rollerblading, or BMX biking inherently involves a significant risk of falling and sustaining injuries. The design of a skate park is specifically for activities that carry these risks. By voluntarily choosing to use the facility for its intended purpose, the teenager is considered to have accepted the inherent dangers associated with falling while performing tricks or navigating the park's features.