What is an assumption of risk defense?

An assumption of risk defense is an argument that can be used in a court of law if a person is injured by a dangerous product. This defense is used to try to shift the responsibility of the injury away from the manufacturer and onto the injured person. In Washington, this defense argues that the person who was injured was aware of the risk of using the product and chose to assume that risk of using it anyway. For example, if a person chose to ride a roller coaster and was then injured due to a malfunctioning car, the defendant could use an assumption of risk defense. The argument would be that the person had knowledge of the inherent risks of riding the roller coaster and chose to assume that risk by boarding the roller coaster. In some cases, an assumption of risk defense may be used as a full-defense or as a contributory defense. When used as a full-defense, the law acknowledges that the person had knowledge of the potential dangers or risks of the product, and thus, the manufacturer is not responsible for the injuries suffered. If used as a contributory defense, the defendant may be held partially responsible for the injuries, while the manufacturer is held partially responsible as well. No matter how the assumption of risk defense is used, it speaks to the belief that the responsibility of a dangerous product should not be completely on the shoulders of the manufacturer. Rather, the law recognizes that people should take responsibility for themselves and their safety when using a dangerous product, even in the face of risk.

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What is an assumption of risk defense?

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