Assumption Of Risk

Assumption of risk is a legal doctrine by which a plaintiff, or a person claiming injury, may not financially recover for an injury that was received when he voluntarily exposed himself to an apparent danger or risk of injury. Thus, if a plaintiff has knowledge that there is an existing dangerous condition, appreciates the nature of the danger, and still willingly subjects himself to the danger, then the doctrine of assumption of risk is applicable. Although some exceptions to this doctrine may exist under some states' laws, a plaintiff in this situation ordinarily may not seek recovery for damages that result from the dangerous condition. Assumption of risk, as used as a defense to personal injury actions, has been abolished in some states in personal injury automobile accident cases due to no-fault insurance and/or comparative negligence laws.

Fast Facts

  • There are six million car accidents in the United States each year.
  • Car accidents cause three million injuries in the United States each year.

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