Multistate Bar Examination Practice Question
A defendant can successfully argue that a plaintiff assumed the risk of harm if the plaintiff voluntarily and knowingly accepted the danger inherent in the defendant’s conduct.
False
True
A defendant can successfully argue that a plaintiff assumed the risk of harm if the plaintiff voluntarily and knowingly accepted the danger inherent in the defendant’s conduct.
False
True
True. The defense of assumption of risk can limit a defendant's liability if it is shown that the plaintiff was aware of the risk and voluntarily chose to encounter it. This requires that the plaintiff had actual knowledge of the danger and consented to it explicitly or implicitly. However, this defense does not apply if the defendant acted recklessly or with intentional misconduct, as those actions go beyond acceptable risks.
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