Legal Definition and Related Resources of Assumption Of Risk

In the law of negligence , as a defense , an allegation of a voluntary and willing encounter of a risk of danger which is known, understood and appreciated by party against whom the defense is asserted. In such a defense, the defendant must prove that plaintiff subjectively and consciously appreciated the danger but, nonetheless, willingly chose to risk such danger. Taylor v Paul O. Abbe Inc., 380 F. Supp. 601. The doctrine of assumption of risk differs from contributory negligence in that the elements of the former are actual knowledge of danger and intelligent acquiescence in same, while the latter is a matter of some fault or departure from the standard of reasonable conduct . O’Brien v Smith Bros. Engine Rebuilders Inc., 494 S. W.2d 787.

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.

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Assumption Of Risk in Historical Law

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Assumption Of Risk Legal Definition

A defense that says that the plaintiff “knew the job was dangerous when he took it,” as they say.

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

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