Assumption of Risk

Category: legal

A defense in tort law that bars a plaintiff from recovery if they knowingly and voluntarily encountered a known danger.

If you go to a baseball game and get hit by a foul ball, you "assumed the risk." You knew it was possible, you chose to go anyway, and the team isn’t liable. It is a common defense against negligence claims in sports and dangerous recreational activities.

Common Examples

• The court dismissed the negligence suit, ruling that the skier had assumed the risk of injury when choosing the expert-level terrain.
• To successfully claim assumption of risk, the defendant must prove the plaintiff had actual knowledge of the specific, precise danger.