Assumption of Risk

Pronunciation: uh-SUMP-shun of RISK

Torts › Negligence

Definition

A defense when plaintiff voluntarily encounters a known risk. Express assumption (contractual waiver) and implied assumption (conduct showing willingness to encounter risk). Primary assumption means no duty; secondary assumption is form of contributory/comparative fault.

Related terms

• Contributory Negligence — A complete defense to negligence if plaintiff's own negligence contributed to their injuries. Under pure contributory negligence, even…
• Comparative Negligence — A system that apportions fault between plaintiff and defendant. Plaintiff's recovery is reduced by their percentage of fault.…

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