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Perspective

Oct. 25, 2013

A new name for the primary assumption of risk

Whether an injured plaintiff "assumed the risk" is not very helpful for determining whether there is a valid primary assumption of risk defense under California law. By John A. Hribar


By John A. Hribar


Every lawyer knows something about the "assumption of risk" defense in negligence cases. Why? Probably because it has a catchy name (as far as legal doctrines go). And probably because "assumption of risk" seems to perfectly describe the logic behind the legal rule. Unfortunately, there is often confusion rather than clarity, because whether an injured plaintiff "assumed the risk" is not very helpful for determining...

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