The brakes on Dirk's Tour de Valle bicycle malfunction, but he continues to ride it because he likes the thrill of the unstoppable acceleration.One night, enjoying a fast downhill pace, he speeds through a stop sign and is struck by a truck.In Dirk's suit against Tour de Valle, the bike maker can raise the defense of

Question

Quizplus · Accepted Answer

The defense of assumption of risk applies in situations where the plaintiff voluntarily engages in an activity with full knowledge of the risks involved. Here, Dirk continued to ride his bike despite knowing that the brakes were not functioning properly, indicating his assumption of the potential danger. The fact that he enjoyed the thrill of the unstoppable acceleration further strengthens the argument that he willingly took on the risk. Therefore, Tour de Valle can raise the defense of assumption of risk in Dirk's suit against them.

The Brakes on Dirk's Tour De Valle Bicycle Malfunction, but He