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Assumption of the Risk

Author: Webmaster / August 12, 2016 / Categories:

An affirmative defense used by the defendant (the party who is primarily negligent for causing a motorcycle accident or other type of personal injury claim) claiming that the plaintiff is partially negligent for the injuries they sustained in the incident. By claiming that the plaintiff assumes assumption of the risk, the defendant is saying that the plaintiff had knowledge of a condition or situation obviously dangerous to him and yet voluntarily exposed himself to the hazard created by defendant.

Often times, if the plaintiff is found to assume assumption of the risk, the defendant thereby relieves himself of legal responsibility for any resulting injury suffered by the other party.

In contrast, contributory negligence arises when a plaintiff fails to exercise due care, while assumption of risk arises regardless of the care used and is based fundamentally on consent.

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