The brakes on a Coastal Railroad train malfunction and it rolls towards maintenance workers on the tracks.Everyone gets out of the way except Dick,who wants to show off.The train hits Dick,who sues Everest,Inc.,the brakes' manufacturer.Everest can raise the defense of

Question

Quizplus · Accepted Answer

Assumption of risk is a defense that can be raised if the plaintiff knowingly and voluntarily assumed the risk of injury. In this scenario, Dick voluntarily put himself in harm's way by not getting out of the way of the train, which could be seen as assuming the risk of getting hit. Therefore, Everest can raise this defense. The other choices are not applicable in this scenario.

The Brakes on a Coastal Railroad Train Malfunction and It