Prado Loyola is a race-car driver who has signed an agreement with the racing team Provolt, stating that Provolt is not responsible for the dangers involved in racing and that Loyola participates in all car races voluntarily, with full knowledge of the risk of injury or death that might result as a consequence. During the course of the race, a slight drizzle that covers the windshield affects Loyola's visibility, and he misses a turn, resulting in a crash. Which of the following defenses can the Provost team cite to protect itself from liability in the event that Loyola sues them?

Question

Quizplus · Accepted Answer

The defense of assumption of the risk applies in cases where the plaintiff voluntarily assumes the risks associated with the activity, and the defendant is not liable for any resulting injuries or damages. In this case, Loyola signed an agreement acknowledging the dangers of racing and participated voluntarily, which falls under the assumption of the risk defense. Therefore, the Provolt team can cite this defense to protect itself from liability.

Prado Loyola Is a Race-Car Driver Who Has Signed an Agreement