Assumption of Risk
Assumption of risk is a defense where plaintiff voluntarily encountered known risk. California distinguishes primary assumption (complete bar for inherent risks) and secondary (merged into comparative negligence) under Knight v. Jewett.
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Exam Tip
PRIMARY = complete bar (inherent risks). SECONDARY = comparative negligence. Knight v. Jewett = football.
What is Assumption of Risk?
Primary vs. Secondary (Knight v. Jewett, 1992)
| Type | Effect | Reason |
|---|---|---|
| Primary | Complete bar | No duty for inherent risks |
| Secondary | Comparative negligence | Duty breached; knowingly encountered |
Primary Assumption
Applies when no duty regarding inherent risks:
- Contact sports
- Recreational activities
- Inherently dangerous activities
Express Assumption
Waivers enforceable for ordinary negligence in recreational activities. NOT enforceable for gross negligence or essential services.