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Assumption of risk: definition of the day

6F745A48-618A-4D83-B929-CF2C6888CEAE.jpgPotential plaintiffs sometimes take the risk of injury onto themselves and absolve potential defendants from any liability. Formerly, this was an affirmative defense available to defendants, but has since been subsumed by contributory and comparative negligence in most jurisdictions. see, e.g. Justice Ginsburg’s dissent in Honda Motor Co. v. Oberg, 512 US 415 (1994).