What it Really Means to Assume: Assumption of Risk 101
Aside from comparative negligence, the doctrine of assumption or assuming the risk is one of the most common defenses alleged in personal injury lawsuits. Assuming the risk occurs when a personal injury plaintiff knowingly and voluntarily assumes the risk of harm associated with the negligence or careless conduct of the defendant that led to the plaintiff’s injuries. If it is proven that you, the plaintiff, assumed the risk then you will not be able to recover damages from the defendant.
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