Assumption of Risk

In a majority of cases, the consent to assume the risk is implied from the conduct of the plaintiff under the circumstances. The basis of the defense is not contract, but consent, and it is available in many cases in which no express agreement exists.

By entering voluntarily into any relationship or transaction in which the negligence of the defendant is evident, the plaintiff is deemed to accept and consent to it, to assume responsibility for personal safety, and to unburden the defendant of the obligation. Spectators at certain sports events assume all the known risks of injury from flying objects. Plaintiffs who enter business premises as invitees and detect dangerous conditions can be deemed to assume the risks when they continue voluntarily to encounter them.