assumption of risk

assumption of risk
The doctrine of assumption of risk, also known as volenti non fit injuria, means legally that a plaintiff may not recover for an injury to which he assents, i.e., that a person may not recover for an injury received when he voluntarily exposes himself to a known and appreciated danger. The requirements for the defense of volenti non fit injuria are that:
(1) the plaintiff has knowledge of facts constituting a dangerous condition,
(2) he knows the condition is dangerous,
(3) he appreciates the nature or extent of the danger, and
(4) he voluntarily exposes himself to the danger.
An exception may be applicable even though the above factors have entered into a plaintiffs conduct if his actions come within the rescue or humanitarian doctrine. Clarke v. Brockway Motor Trucks, D.C.Pa., 372 F.Supp. 1342, 1347.
A defense to action of negligence which consists of showing that the plaintiff, knowing the dangers and risk involved, chose to act as he did. An affirmative defense which the defendant in a negligence action must plead and prove. Fed.R.Civil P. 8(c). It is not a defense under state workers' compensation laws or in FELA actions. Many states have abolished the defense of assumption of risk in automobile cases with the enactment of no-fault insurance acts or comparative negligence acts.

Black's law dictionary. . 1990.

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  • assumption of risk — The doctrine of assumption of risk, also known as volenti non fit injuria, means legally that a plaintiff may not recover for an injury to which he assents, i.e., that a person may not recover for an injury received when he voluntarily exposes… …   Black's law dictionary

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  • risk — n 1 a: possibility of loss or injury b: liability for loss or injury if it occurs the risk of loss passes to the buyer when the goods are duly delivered to the carrier Uniform Commercial Code the risk of personal injury and property damage should …   Law dictionary

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  • secondary assumption of risk — Such occurs when individual voluntarily encounters known, appreciated risk without an intended manifestation by that individual that he consents to relieve another of his duty. Calvert v. Garvey Elevators, Inc., 236 Kan. 570, 694 P.2d 433, 437 …   Black's law dictionary

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