To use the assumption of the risk defense successfully,a defendant must prove that the plaintiff unwillingly encountered the risk of the actual harm the defendant caused.

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One defense available to defendants facing negligence claims is assumption of the risk.To use this defense successfully,a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.In other words,the plaintiff willingly assumed as a risk the harm she suffered.

To Use the Assumption of the Risk Defense Successfully,a Defendant