Lawyordle™ · Study archive

#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

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.

Sources