Assumption of Risk

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Assumption of Risk

1. In law, an agreement by which one party takes on the risk of another party, often for some compensation.

2. In torts, a defense in a lawsuit in which the defendant argues that the plaintiff took a risky action after having been informed of risks in such a way that a reasonable person would understand such risks. This limits the defendant's liability in the lawsuit. However, some states limit the use of the assumption of risk defense.

References in periodicals archive ?

A second defense is assumption of risk. In Schneider v.

Complementary and alternative medicine

The defendants moved for summary judgment dismissing the complaint on the ground that the action was barred by the doctrine of assumption of risk. The Supreme Court denied the motion, and the defendants appeal.

Question Exists as to Whether Snow Tubing Park's Negligence Increased the Dangers

Minnesota's highest court has declined to expand the state's doctrine of implied primary assumption of risk to recreational skiing and snowboarding.

No Primary Assumption of Risk in Skiing, Snowboarding, Minnesota Court Says

doctrine of assumption of risk to ground and justify their rulings on a

THE FAULTY LAW AND ECONOMICS OF THE "BASEBALL RULE"

Thus, we have shown the theoretical rationale of FUH, coupled with IRP theory holding, under the assumption of risk neutrality for buyers of currency i in the forward market participants.

Liquidity, information and the size of the forward exchange rate bias

The assumption of risk also presents the employer with upfront costs, financial exposure, and administrative requirements (costs) not incurred with fully insured plans.

Captivating: what's the buzz around health insurance captives?

(37) First, he argued that the trial court erred in its jury instruction on the Royals' defense of primary implied assumption of risk. (38) His second argument was that "even if primary implied assumption of risk was available to the Royals as a defense, the trial court erred because as submitted to the jury, the instruction was an incorrect statement of law." (39) Third, he argued that the trial court erred in "permitting and instructing the jury on the Royals' defense of comparative fault (secondary implied assumption of risk)." (40) Finally, Coomer contended that the "trial court erred in refusing to instruct the jury on his claims for negligent supervision and training." (41)

The (hot) dog days of summer: Missouri's "baseball rule" takes a strike

Defenses to negligence using assumption of risk generally fall under three types: express, implied primary, and implied secondary (Lewis v.

Beware of flying hotdogs: inherent or unreasonable risks?

In particular, the review covers relevant law from selected cases that examines foreseeability and duty of care for exercise professionals and the voluntary assumption of risk for exertional rhabdomyolysis for exercise participants.

Exertional rhabdomyolysis and the law: a brief review

are primary implied assumption of risk, secondary assumption of risk,

The connection between concussions and chronic traumatic encephalopathy (CTE) in professional athletics: a necessary change in the "sports culture" in light of legal barriers

In this Comment, I argue that these two controversies--one involving surveillance of Internet users on the infobahn and one involving surveillance of drivers on the autobahn--represent and illustrate the same underlying problem with current Fourth Amendment jurisprudence: the "assumption of risk" doctrine first articulated in Katz v.

Adventures on the autobahn and infobahn: United States v. Jones, mandatory data retention, and a more reasonable "reasonable expectation of privacy."