In order to prevail under the defense of assumption of the risk, a defendant must prove:

Question

Quizplus · Accepted Answer

In order to prevail under the defense of assumption of the risk, a defendant must prove that the plaintiff had actual knowledge of the risk, or should have been aware of the risk. This means that the plaintiff voluntarily assumed the risk and, therefore, the defendant cannot be held liable. The other choices, such as partial fault or conduct of the plaintiff creating the risk, are not elements of assumption of the risk.

In Order to Prevail Under the Defense of Assumption of the Risk