Assumption of Risk

Also known as volenti non fit injuria, assumption of risk is a defense that a defendant can raise when accused of negligence by a plaintiff. It aims to defeat the accidental claims by proving that the plaintiff knew of potential risks and dangers and he voluntarily exposed himself to this risk. The assumption of risk doctrine is dependent on the comparative negligence rule. It looks into the possibility of compensation by the party against whom a lawsuit is brought. In case, the defendant is not able to plead the assumption of risk, then the privilege may be waived.

Let us suppose that a lady loses her husband to cancer and she believes that her husband contracted it because he was addicted to cigarettes. She decides to sue XYZ cigarette company as she thinks they are the ones responsible for her husband's death. XYZ cigarette company can raise the assumption of risk doctrine and argue that the man voluntarily assumed the risk to diseases and bad health as he continued to smoke despite the statutory warnings on each cigarette pack. This way, they can defend themselves from accusations of negligence.

Categories of Assumption of Risk

In the primary stage, it is assumed that the defendant has no duty or breach of duty towards the plaintiff. The plaintiff is completely aware of the risks involved and has relieved the defendant of any obligation of conduct towards him. If there is an undesirable outcome by the plaintiff's actions, then the defendant cannot be held responsible for negligence. An example of this would be that you are planning to participate in adventure sports, the organizers will make you sign a contract that will relieve them of any responsibility in case something untoward happens to you.

In the secondary stage, although a legal contract is not signed between a plaintiff and a defendant, the defendant implicitly conveys that he is not to be blamed for negligence in case of any injury, etc. For example, if you buy cheap electronics goods, the dealer might implicitly tell you the concerns regarding electric shocks, etc. It implies that you are aware about the potential risks involved and the defendant is not entitled to any injury claim settlement.

In the third scenario, a plaintiff is cognizant of the risk that was previously created, but still proceeds with it. The plaintiff is well aware that the defendant has known to be hazardous and consents to it with his own free will.

A Sample Form

I ___________(name), recognize that the exercises in this competition might be challenging and risky and that there could be dangers inherent in the exercises for some individuals. I acknowledge that there is a risk of various complications; and, in rare instances, death. I also acknowledge that during the course of this competition, I can suffer some serious injuries which can make me disabled for the rest of my life and affect my employment and social life. I acknowledge that a physical check-up will be conducted to ascertain my capability of participating in this competition. I acknowledge and agree that I am responsible for any untoward incident that may happen during the course of this competition. I acknowledge that I have thoroughly read this waiver and am aware that it relieves the organizers of any liability. By signing this document, I acknowledge that neither me or any one associated with me will have any rights to legally challenge or assert a claim against the organizers or anyone who is employed with them. Name & Signature _______________

The assumption of risk is widely used in sports activities. It is important to know the various risks involved before participating in any adventure sports and if you feel that the organizers are negligent, do take legal advice. Also, if you are involved in organizing activities which carry a risk of injury or death, make sure that you have made all the contestants sign a contract which relieves you from any kind of liability or negligence.