#17 · 2026-08-23 · Legal term
Assumption of risk
Assumption of risk concerns a plaintiff's knowing and voluntary acceptance of a risk that materializes. Modern jurisdictions differ sharply: implied forms may be merged with comparative negligence or analyzed as a limitation on duty.
Rule to remember
Assumption of risk is a tort doctrine concerning a plaintiff's informed and voluntary acceptance of a risk that later causes the injury at issue.
Key elements and checks
- Knowledge and appreciation of the relevant risk.
- Voluntary exposure to that risk.
- The injury arises from the risk accepted, subject to the jurisdiction's treatment of the doctrine.
In the source’s words
“Implied assumption of risk has since been merged into the doctrine of comparative negligence”
Cornell Wex — Assumption of risk
Express waivers, primary no-duty theories, and secondary implied assumption differ; many states fold secondary implied assumption into comparative fault.