How To Prove A California Assumption of Risk Defense

In California, a defense of Assumption of Risk is defined as:
Assumption of risk is a doctrine that a person may in advance relieve another person of the obligation to act towards him or her with due care and may accept the chance of being injured. It is an affirmative defense that the plaintiff cannot receive compensation for injuries from the defendant because the plaintiff freely and knowingly assumed the risk of injury and relieved the defendant of the obligation to act with reasonable care.
It simply means:
A party knew the risks of injury or damage but nevertheless put themselves in harm’s way.
There are 2 elements of the defense:
- Element 1. The plaintiff had actual knowledge of the risk involved in a conduct or activity. The plaintiff understood the dangers associated with an activity or situation they were involved in, meaning they were aware of the risks before participating.
Facts that might support this element look like:
* The plaintiff signed a waiver acknowledging the inherent risks associated with the activity before participating.
* The plaintiff had previously engaged in the same activity and experienced similar risks firsthand.
* The plaintiff attended a safety briefing that explicitly outlined the potential dangers involved in the activity.
* The plaintiff was informed by an experienced participant about the risks prior to their involvement.
* The plaintiff had access to written materials detailing the risks but chose not to review them. - Element 2. Plaintiff voluntarily accepted the risk, either expressly through agreement or implied by his words and conduct. The plaintiff knew about the risks involved in an activity and either agreed to take those risks in writing or showed through their actions and words that they accepted them, which can be used as a defense in a legal case.
Facts that might support this element look like:
* The Plaintiff signed a waiver acknowledging the risks associated with the activity before participating.
* During the event, the Plaintiff verbally stated that they understood the potential dangers involved.
* The Plaintiff had prior experience with similar activities and was aware of the inherent risks.
* The Plaintiff continued to participate despite witnessing others being injured during the event.
* The Plaintiff was informed of the safety protocols but chose to disregard them while engaging in the activity.
(See Knight v. Jewett, 834 P. 2d 696 (C.A. Supreme Court 1992).)
If you’re representing yourself in court and plan to assert a Defense of Assumption of Risk, it’s crucial to have a solid strategy in place. With a Personal Practice of Law at Courtroom5, you’ll be equipped to determine what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Navigating the complexities of your defense requires careful planning and preparation, and we’re here to help you succeed.
Prove Your CA Assumption of Risk Defense
U.S. Civil Cases Only