Future Business Leaders of America (FBLA) Business Law Practice Exam

What does the assumption of risk defense entail in negligence cases?

1. The plaintiff was not aware of the risk

2. The plaintiff consented to the risk

3. The defendant had a duty of care

4. The injury was due to an unavoidable accident

The correct answer is: The plaintiff consented to the risk

The assumption of risk defense in negligence cases involves the element where the plaintiff has consented to the inherent risks associated with a specific activity. This means that the plaintiff was aware of the potential dangers involved and voluntarily chose to engage in the activity despite those risks. By doing so, they effectively relinquish their right to seek damages for injuries sustained because they acknowledged and accepted the possibility of those injuries occurring. Consent can be expressed through an agreement or implied through the participation in activities where such risks are commonly understood, like in contact sports or amusement park rides. The law recognizes that individuals should be allowed to make informed choices about the activities they engage in, including accepting the associated risks. In contrast, if the plaintiff was not aware of the risk, had no duty of care established by the defendant, or the injury resulted from an unavoidable accident, those scenarios would not fulfill the criteria for the assumption of risk defense. The focus is on the voluntary acceptance of known risks, which is a key principle in balancing accountability in negligence claims.