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Assumption of Risk

Violation Of Statute

The plaintiff still assumes the risk where the defendant's negligence consists of the violation of a statute. A guest who accepts a nighttime ride in a vehicle with inoperative lights has been regarded as consenting to relieve the defendant of the duty of complying with the standard established by the statute for protection and cannot recover for injuries. Particular statutes, however, such as child labor acts and safety statutes for the benefit of employees, safeguard the plaintiff against personal inability to protect himself or herself due to improvident judgment or incapability to resist certain pressures. Since the basic objective of such statutes would be frustrated if the plaintiff were allowed to assume the risk, it is generally held that the plaintiff cannot do so, either expressly or impliedly.

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Law Library - American Law and Legal InformationFree Legal Encyclopedia: Approximation of laws to AutopsyAssumption of Risk - Express Agreement, Implied Acceptance Of Risk, Knowledge Of Risk, Voluntary Assumption, Violation Of Statute