Asked by Irene Lujano on Jul 14, 2024
Verified
To use the assumption of the risk defense successfully,a defendant must prove that the plaintiff unwillingly encountered the risk of the actual harm the defendant caused.
Assumption Of The Risk
A defense whereby the defendant must prove that the plaintiff voluntarily assumed the risk the defendant caused.
- Comprehend the array of defenses accessible in cases of tort law.
Verified Answer
TH
Theresa HickmanJul 18, 2024
Final Answer :
False
Explanation :
One defense available to defendants facing negligence claims is assumption of the risk.To use this defense successfully,a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.In other words,the plaintiff willingly assumed as a risk the harm she suffered.
Learning Objectives
- Comprehend the array of defenses accessible in cases of tort law.