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| Assumption of
Risk |
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Assumption of
Risk Under the legal doctrine of "assumption of risk," a person will
not be liable for another person's injuries if the injured person has
voluntarily undertaken a risk with knowledge of the dangers posed by
the risk. The doctrine of assumption of risk may be used as a defense
to a personal injury action. Assumption of risk may be either express
or implied. For example, before riding a roller coaster, an elderly man
signs a waiver stating that he understands the risk roller coasters
pose to persons with heart conditions. While riding the roller coaster,
the elderly man has a heart attack. He files a personal injury action
against the operator of the roller coaster. The operator may defend the
action by claiming that the elderly man expressly assumed the risk by
signing the waiver. If the court determines that the elderly man
assumed the risk, then the operator will not be liable for the man's
injury. Even if the elderly man had not signed the waiver, the operator
could defend the action by claiming that the elderly man impliedly
assumed the risk because it is general knowledge that persons with
heart conditions should not ride roller coasters. Some states do not
recognize the doctrine of assumption of risk as a defense to a personal
injury action. |
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