Torts
Assumption of Risk
Definition
Assumption of risk is a defense asserting that the plaintiff voluntarily encountered a known danger and, by doing so, implicitly consented to relieve the defendant of liability. Express assumption of risk occurs through a waiver or exculpatory clause. Implied assumption of risk arises from conduct showing voluntary acceptance of a known risk. In jurisdictions that have adopted comparative negligence, implied assumption of risk is often subsumed into the comparative fault analysis.
Example
A spectator at a baseball game is struck by a foul ball. The spectator assumed the risk of being hit by a ball, a well-known hazard of attending a live game.