What must a defendant prove before he or she can allege that a plaintiff impliedly assumed the risk?

What will be an ideal response?


A plaintiff is said to have impliedly assumed the risk when his or her conduct shows that the plaintiff was aware of the risk in question and voluntarily agreed to bear that risk. For this principle to be applicable the plaintiff must actually be aware of the particular risk in question. It is not enough that the plaintiff merely should have known of the risk involved. The plaintiff must also voluntarily consent to the risk. Consent is not voluntary if the plaintiff had no reasonable choice but to confront a danger.

Legal Studies & Paralegal

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