assumption of risk legal definition
- In contract law, the act or
agreement to take on a risk of damage, injury, or loss, often stated as the
risk Â“passesÂ” to the purchaser upon the occurrence of a certain event, e.g.,
shipment of goods.
In contract law, an employeeÂ’s express agreement to undertake the risks that
normally accompany or arise from that occupation.
- In tort law, that a plaintiff
voluntarily accepted or exposed himself to a risk of damage, injury, or loss,
after appreciating that the condition or situation was clearly dangerous, and
nonetheless made the decision to act; in such cases, the defendant may raise
the plaintiffÂ’s knowledge and appreciation of the danger as an affirmative defense. Successful
invocation of assumption of risk as an affirmative defense will result in a
reduction or elimination of damages assessed against the defendant. This
defense has been strictly limited in many states, and is unavailable in certain
types of actions, e.g., product liability cases. See also negligence.
Learn more about assumption of risk