What is an assumption of risk defense?

An assumption of risk defense in California is a way for a defendant in a dangerous products law case to limit their liability for a plaintiff’s injuries. An assumption of risk defense is used when a plaintiff knew or should have known the risks involved with a particular product or activity. In California, the defendant must prove that the plaintiff assumed the risks of being injured or they should have assumed them. The defense usually argues that the plaintiff was aware of the risks and willingly exposed themselves to these risks. For example, if a plaintiff was injured on a roller coaster, the defendant may present evidence that the plaintiff was aware of the inherent risk of riding the roller coaster. The defendant could then argue that the plaintiff assumed the risk and cannot recover damages for any resulting injuries. The defense also applies to cases involving some types of consumer products. If a product had a warning label indicating the potential risks, the defendant may argue that the plaintiff should have assumed those risks when deciding to use the product. In either case, the defendant must provide evidence of the plaintiff’s knowledge of the risks before the court will consider the assumption of risk defense. Ultimately, the court will consider the evidence and decide whether the plaintiff voluntarily assumed the risk. If so, then the plaintiff may not be able to recover damages.

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What is an assumption of risk defense?

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