Assumption Of Risk in United States

Assumption Of Risk Definition

A term of the contract of employment, either express or implied from the circumstances of the employment, by which the servant agrees that dangers obviously incident to the discharge of his duty shall be at the servant’s risk. Assumption of risk is to be distinguished from contributory negligence in that the first rests on the law of contracts, while the latter rests on the law of torts.

Assumption Of Risk in Foreign Legal Encyclopedias

Back to Top

For starting research in the law of a foreign country:

Browse the American Encyclopedia of Law for Assumption Of Risk

Scan Assumption Of Risk in the appropriate area of law:

Back to Top

Explore other Reference Works

Back to Top

Legal Issue for Attorneys

A term of the contract of employment, either express or implied from the circumstances of the employment, by which the servant agrees that dangers obviously incident to the discharge of his duty shall be at the servant’s risk. Assumption of risk is to be distinguished from contributory negligence in that the first rests on the law of contracts, while the latter rests on the law of torts.

This definition of Assumption Of Risk Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Assumption Of Risk in State Statute Topics

Introduction to Assumption Of Risk

The purpose of Assumption Of Risk is to provide a broad appreciation of the Assumption Of Risk legal topic. Select from the list of U.S. legal topics for information (other than Assumption Of Risk).

Meaning of Assumption of Risk

In plain or simple terms, Assumption of Risk means: A defense that says that the plaintiff “knew the job was dangerous when he took it,” as they say.

Resources

Further Reading

• Information about Assumption Of Risk in the Gale Encyclopedia of American Law.

Assumption of Risk meaning

The principle that a plaintiff can waive their rights in tort by contractually assuming the risk for the injuries which they may incur in cases of dangerous conduct. Assumption of risk is an affirmative defense to a charge of negligence wherein the plaintiff is asserted to have assumed the risk of the injury. This assuming of risk may be either express or implied. The defense typically arises in cases of inherently dangerous sports such as skydiving or other inherently dangerous activities. Ordinarily the assumption of risk is found through express clauses in contracts which waive the tortious liability of the organizer of the dangerous sport.

An interesting question is whether one can “assume the risk” in cases of strict liability (handeln auf eigene Betriebsgefahr), e.g. no-fault auto accidents. The better argument is no, since strict liability functions as a form of social insurance and as a way to avoid difficult burdens of proof between inequal opponents, viz products liability.

See: Clarke v. Brockway Motor Trucks, D.C.Pa., 372 F.Supp. 1342, 1347.
Turcone v. Fell, 502 N.E.2d 964 (N.Y. 1986)
See also: consent, informed consent