Also known as: assumes risk · assuming risk · assumption of risk
Written by attorneys · grounded in primary & secondary sources — see below
A defense to tort liability that bars recovery when the plaintiff voluntarily and knowingly encounters a known risk created by the defendant's conduct or the condition of the defendant's land.
Arthur Abrams signed a waiver at a hotel check-in that expressly stated he assumed all risks of a rooftop yoga class, including those caused by the hotel's negligence. He noticed the unrailed terrace edge and crowded mats yet took a position near the drop-off. When another participant bumped him and he fell, the hotel raised assumption of risk. The defense defeated the nuisance-based premises claim because the signed agreement allocated the known risk to Abrams.
Adrian Aguilar purchased a vehicle knowing its door latch design carried a risk of ejection in side impacts. After an accident caused ejection and injury, he sued the manufacturer. Evidence showed Aguilar had read the owner's manual warnings yet continued driving. The jury applied assumption of risk to allocate eighty percent of responsibility to Aguilar and reduce his damages accordingly.
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Antonio Alvarado continued smoking cigarettes for decades after reading package warnings about lung cancer. He later sued the manufacturer for design defects and failure to warn. The jury found that Alvarado had knowingly and voluntarily encountered the precise risk of disease. Assumption of risk therefore barred recovery on the strict liability counts.
Alexandra Armstrong operated a loader knowing its high-lift design created a tip-over hazard when the bucket was raised on uneven ground. After the machine overturned and injured her, she sued the manufacturer. Evidence established that Armstrong had received training on the exact risk yet chose to proceed. The court treated her conduct as assumption of risk that defeated the design-defect claim.
Alan Ackerman joined a pickup basketball game on a court with a known loose rim that had caused prior falls. During play the rim gave way and he was injured. He sued the facility owner for premises negligence. Because Ackerman had observed the hazard and voluntarily participated anyway, assumption of risk operated as a complete defense.
An express waiver signed before participation bars recovery if it clearly allocates the risk of the defendant's negligence and does not violate public policy. The waiver must be voluntary and cover the precise harm that occurs.
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The plaintiff must have actual knowledge and appreciation of the specific risk that materializes, not merely a general awareness of danger. A faded or nonspecific warning may be insufficient to establish the required understanding.
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Economic pressure such as a non-refundable payment does not automatically render participation involuntary when the plaintiff retains the realistic option to walk away. Courts examine whether the plaintiff made a deliberate choice despite known alternatives.
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Contributory negligence is not a defense to strict liability for abnormally dangerous activities, but voluntary and unreasonable assumption of the risk can still bar recovery when the plaintiff knowingly subjects himself to the hazard.
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A party that knows its information is limited yet proceeds anyway is treated as having assumed the risk of the unknown facts, preventing rescission on grounds of mistake.
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…a buyer's actual knowledge of a warranty-breaching condition bars recovery on an express warranty claim under the doctrine of assumption of risk or contributory fault; and (3) it erroneously instructed the jury in several respects on the failure to warn claim, most significantly by failing to impose a but-for causation…