Legal Definitions - primary assumption of the risk

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.