assumption of risk

law

Also known as: assumed risk defense, assumption of risk defence(Show More)

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Last updated

June 18, 2026

Quick Summary

In law, assumption of risk is a defense against a negligence claim. It argues that the plaintiff voluntarily accepted the potential for harm or loss by engaging in a particular activity. This defense was historically used by employers to shield themselves from liability for injuries sustained by employees, asserting that the employee understood and accepted the inherent dangers of their job.1

While the concept of assumption of risk exists, modern legal trends, particularly in areas like workers' compensation and strict liability, have limited its application. The focus has shifted towards ensuring that victims are compensated for accidental injuries, even if the defendant exercised due care.123

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insurance
Liability law
These are assumed risk, contributory negligence, and the fellow servant doctrine. Under the assumed risk rule, the defendant may argue that the plaintiff has assumed the risk of loss in entering into a given venture and understands the risks. Employers formerly used the assumed risk doctrine in…
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These are assumed risk, contributory negligence, and the fellow servant doctrine. Under the assumed risk rule, the defendant may argue that the plaintiff has assumed the risk of loss in entering into a given venture and understands the risks. Employers formerly used the assumed risk doctrine in…
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contributory negligence
…often applied in negligence cases: assumption of risk, which relieves the defendant of an obligation of due care toward the plaintiff when the latter voluntarily exposes himself to certain dangers; last clear chance, which allows the plaintiff to recover even though contributorily negligent—if the defendant had the last clear chance…
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…often applied in negligence cases: assumption of risk, which relieves the defendant of an obligation of due care toward the plaintiff when the latter voluntarily exposes himself to certain dangers; last clear chance, which allows the plaintiff to recover even though contributorily negligent—if the defendant had the last clear chance…
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marketing
Channel functions and flows
…and allocation of funds (financing), assumption of risks (risk taking), storage and movement of product (physical possession), buyers paying sellers (payment), and transfer of ownership (title).
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…and allocation of funds (financing), assumption of risks (risk taking), storage and movement of product (physical possession), buyers paying sellers (payment), and transfer of ownership (title).
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