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“Assuming the risk” as a defense

Assuming the risk“Assuming the risk” is a defense that a party can assert to try to limit or bar a plaintiff’s recovery in a tort action. A plaintiff is said to “assume the risk” when he or she willingly and knowingly places himself or herself in a position where inherent risks are involved. The burden is on the defendant to prove the plaintiff voluntarily assumed the risk. Common situations in which a plaintiff might have assumed the risk are participating in a violent sport, ignoring a safety warning or attending a baseball game.

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