Tag Archives: defenses to liability

Sometimes, Comparative Negligence Includes “Assumption of the Risk”

ASSUMPTION OF THE RISK MAY BAR AN INJURED PLAINTIFF’S RECOVERY As we discussed earlier in the month, the legal doctrine known as “assumption of the risk” states that a plaintiff’s right to recover damages from an otherwise negligent defendant may be reduced–or barred altogether–if the plaintiff “knowingly and voluntarily” accepted the risks associated with the… Read More »