Jane Erickson takes her ten-month-old baby,Benjamin,to a hockey game.During warm-ups,a player makes a "slap-shot" to the goal.The hockey puck flies off the ice,over the protective barrier located around the rink and into the stands,striking and seriously injuring Benjamin,who was in Jane's arms when he was hit by the puck.According to the assumption of the risk doctrine,Benjamin cannot recover for his injuries.

Question

Quizplus · Accepted Answer

The assumption of the risk doctrine applies when a person knowingly and voluntarily assumes the risk of a particular activity. However, in the case of a ten-month-old baby, Benjamin cannot be said to have knowingly and voluntarily assumed the risk of attending a hockey game or being struck by a puck. Therefore, the assumption of the risk doctrine does not apply, and Benjamin may be able to recover for his injuries.

Jane Erickson Takes Her Ten-Month-Old Baby,Benjamin,to a Hockey Game