assumption of risk

as·​sump·​tion of risk
: a doctrine that a person may in advance relieve another person of the obligation to act towards him or her with due care and may accept the chance of being injured
also : an affirmative defense that the plaintiff cannot receive compensation for injuries from the defendant because the plaintiff freely and knowingly assumed the risk of injury and relieved the defendant of the obligation to act with reasonable care compare contributory negligence at negligence, volenti non fit injuria

Note: Assumption of risk may be express or may be implied from the plaintiff's words and actions. Assumption of risk has been abolished in certain types of cases, such as workers' compensation cases.

Dictionary Entries Near assumption of risk

Cite this Entry

“Assumption of risk.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, https://www.merriam-webster.com/legal/assumption%20of%20risk. Accessed 25 Apr. 2024.

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