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 ?
Most important: has express assumption of risk helped protect unconventional physicians in malpractice cases?
In each case the plaintiff had signed a release form, which the court found constituted an express assumption of risk.