In a case of secondary assumption of the risk, the fault of the plaintiff is compared to that of the defendant and the damages are allocated according to the comparison of fault.

Question

Quizplus · Accepted Answer

In secondary assumption of the risk, the plaintiff's knowledge and acceptance of the risk are considered, but fault is still compared between the plaintiff and defendant, often leading to a reduction in the plaintiff's recovery based on their share of fault. This is in contrast to primary assumption of the risk where the plaintiff might be barred from recovery altogether.

In a Case of Secondary Assumption of the Risk, the Fault