Also known as: voluntarily assumed the risk · assumption of risk · volenti non fit injuria
Written by attorneys · grounded in primary & secondary sources — see below
A tort defense that bars a plaintiff's recovery when the plaintiff fully understands a risk of harm arising from the defendant's conduct or the condition of the defendant's land and voluntarily chooses to encounter that risk under circumstances manifesting acceptance of it.
Virgil Volpe purchased land next to a manufacturing plant operated by Vista Manufacturing. He observed the plant's open chemical pits emitting fumes but built a home on the property anyway. When fumes damaged his crops, Virgil sued Vista for nuisance. The court applied assumption of risk to bar recovery because Virgil knowingly accepted the visible hazard when he improved the land.
Vivian Vaughn smoked cigarettes for decades after reading package warnings about lung cancer. She later sued the manufacturer for injuries from the product. The court held that her continued use after full awareness of the danger constituted assumption of risk barring recovery on the negligence claim.
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Vito Villarreal purchased a car knowing it lacked a shoulder harness. He was injured in a collision and sued the manufacturer for defective design. The court treated his decision to drive without the available restraint as assumption of risk that reduced or barred recovery under comparative principles.
Vincent Valdez operated a loader he knew had a defective safety guard. He was injured when the guard failed and sued the manufacturer. The court found that his continued use with full appreciation of the specific danger amounted to assumption of risk defeating the strict liability claim.
Viola Volkov consented to a magazine profile that later portrayed her family in a false light. She sued the publisher for invasion of privacy. The court held that her voluntary participation with knowledge of the publication risks constituted assumption of risk barring the claim.
Victor Vargas chose a seat directly behind home plate at a baseball game despite knowing foul balls frequently entered that area. He was struck by a foul ball and sued the team. The court applied assumption of risk to bar recovery because Victor knowingly accepted the precise danger of his chosen location.
Express assumption occurs when a plaintiff signs a waiver or agreement accepting specific risks, including those caused by the defendant's negligence, provided the agreement is not contrary to public policy. Implied assumption arises from the plaintiff's conduct when the plaintiff fully understands a risk and voluntarily encounters it, manifesting acceptance through actions such as proceeding despite visible hazards.
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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 bar recovery when the plaintiff knowingly subjects himself to the danger.
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The defendant bears the burden of proving the plaintiff's assumption of risk as an affirmative defense.
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Economic pressure alone does not necessarily negate voluntariness if the plaintiff retains a reasonable alternative, such as declining to participate, but a fact-finder may find involuntariness when no practical alternative exists.
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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…