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Simple English definitions for legal terms
secondary assumption of risk
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A quick definition of secondary assumption of risk:
Secondary assumption of risk is when someone willingly takes on a known risk that is not reasonable or worth the benefit they might gain. This can be used as a defense in a legal case if the person who took the risk is injured or suffers damage. It means that they knew the risk and chose to take it anyway, so they cannot hold someone else responsible for their injuries.A more thorough explanation:
Secondary assumption of risk is a legal term used in tort law. It refers to the act of voluntarily encountering a known unreasonable risk that is out of proportion to any advantage gained. This means that a person knowingly puts themselves in danger, even though the risk is not worth the benefit.
For example, if someone decides to climb a tall building without any safety equipment, they are engaging in secondary assumption of risk. The danger of falling is much greater than any benefit they might gain from climbing the building.
In legal terms, secondary assumption of risk is an affirmative defense to an established breach of duty. This means that if someone is injured while engaging in secondary assumption of risk, they may not be able to sue for damages because they knowingly put themselves in danger.
Another example of secondary assumption of risk is if someone decides to drive a car at high speeds on a busy road. The danger of causing an accident is much greater than any benefit they might gain from driving fast.
Overall, secondary assumption of risk is a legal concept that holds people responsible for knowingly putting themselves in danger, even if they are not directly responsible for their injuries.