Personal Injury Glossary
Assumption of the Risk: When a person voluntarily and
knowingly proceeds in the face of an obvious and known danger, she
assumes the risk. A person found to have assumed the risk cannot
make out the duty element of a negligence cause of action. The
theory behind the rule is that a person who chooses to take a risk
cannot later complain that she was injured by the risk that she
chose to take. Therefore, she will not be permitted to seek money
damages from those who might have otherwise been responsible.
Personal Injury
Glossary
|
