How To Prove A California Contractual Assumption of Risk Defense

In California, a defense of Contractual Assumption of Risk is defined as:
A contractual assumption of risk occurs when a plaintiff agrees in advance to bear some of the risks involved in a particular venture.
It simply means:
When a plaintiff agrees to hold the defendant not liable for certain harm.
There are 2 elements of the defense:
- Element 1. The plaintiff agreed prior to the incident in question that plaintiff would not hold defendant liable for any damages. The plaintiff had previously agreed not to blame the defendant for any injuries or damages that might occur, which is a key part of the legal defense that says the plaintiff accepted the risks involved in the situation.
Facts that might support this element look like:
* The plaintiff signed a waiver form before participating in the activity, explicitly stating that they would not hold the defendant liable for any injuries.
* During the pre-activity briefing, the plaintiff acknowledged understanding the risks involved and agreed to assume those risks.
* The plaintiff was verbally informed by the defendant that participation required acceptance of the terms that included a release of liability.
* The plaintiff’s signature on the registration form included a clause indicating acceptance of the assumption of risk and waiver of liability.
* Prior to the incident, the plaintiff participated in similar activities and had previously agreed to similar liability waivers. - Element 2. Defendant was not grossly negligent and did not intentionally harm plaintiff. The defendant did not act carelessly or with the intention to hurt the plaintiff, meaning they took reasonable precautions and did not cause harm on purpose, which is an important part of defending against claims in a situation where risks were accepted by the plaintiff.
Facts that might support this element look like:
* Defendant provided clear instructions and safety guidelines to all participants prior to the activity.
* Defendant regularly maintained and inspected the equipment used during the activity to ensure safety.
* Plaintiff voluntarily signed a waiver acknowledging the risks involved before participating in the activity.
* Defendant promptly responded to any safety concerns raised by participants during the event.
* There were no prior incidents or complaints regarding safety from participants in similar activities organized by the defendant.
(See California Civil Jury Instructions (CACI), No. 451.)
If you’re representing yourself in court and plan to assert a Defense of Contractual Assumption of Risk, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively navigate your legal journey.
Prove Your CA Contractual Assumption of Risk Defense
U.S. Civil Cases Only