Intro to Paralegal Studies Practice

Which of the following best describes assumption of risk?

1. The plaintiff's partial fault in an injury

2. Accepting a risk to avoid consequences

3. Choosing not to file a lawsuit

4. Ignoring legal duties

The correct answer is: Accepting a risk to avoid consequences

Assumption of risk is primarily defined as a legal defense that denotes when an individual knowingly and voluntarily accepts the inherent risks associated with an activity, thereby limiting or negating their ability to claim damages in the event of an injury. This means that the plaintiff acknowledges the risk involved and makes a conscious choice to engage in the activity despite those risks, often to mitigate consequences they might otherwise face. In various contexts, such as in sports or recreational activities, participants may be required to sign waivers that include language about the assumption of risk. This indicates their understanding that certain dangers are present and that they are accepting those dangers by their participation. The other options do not accurately capture the essence of assumption of risk. Partial fault relates to comparative negligence, which involves the allocation of fault in injury claims, while choosing not to file a lawsuit concerns procedural aspects of legal actions and does not involve risk acceptance. Ignoring legal duties speaks to a breach of obligation rather than a voluntary acceptance of risk. Thus, the best description of assumption of risk is the acceptance of a risk to avoid potential negative consequences.