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Legal Definitions - assumption of the risk

LSDefine

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Definition of assumption of the risk

Assumption of the risk is a legal term used in tort law. It means that a person has knowingly and willingly taken on the risk of injury or damage and cannot hold another party responsible for any harm that may occur.

  • A skydiver assumes the risk of injury or death when they jump out of a plane. If they are injured, they cannot sue the skydiving company for damages.
  • A person who attends a baseball game assumes the risk of being hit by a foul ball. If they are hit, they cannot sue the stadium or the team for damages.

These examples illustrate how assumption of the risk works. In both cases, the person willingly participated in an activity that had inherent risks. By doing so, they accepted the possibility of injury or damage and cannot hold others responsible for any harm that may occur.

Make crime pay. Become a lawyer.

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Simple Definition

Assumption of the risk means that someone knows there is a risk of getting hurt or losing something, but they choose to do it anyway. This means that if they do get hurt or lose something, they can't blame someone else for it. It's like when you know jumping off a high place is dangerous, but you do it anyway and hurt yourself. You can't blame anyone else for your injury because you knew it was risky.

A 'reasonable person' is a legal fiction I'm pretty sure I've never met.

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A 'reasonable person' is a legal fiction I'm pretty sure I've never met.

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