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Assumption of risk -

Assumption of risk

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A plaintiff may not recover for an injury to which he assents; that is, that a person may not recover for an injury received when he voluntarily exposes himself to a known and appreciated danger. The requirements for the defense … are that: (1) the plaintiff has knowledge of facts constituting a dangerous condition, (2) he knows that the condition is dangerous, (3) he appreciates the nature or extent of the danger, and (4) he voluntarily exposes himself to the danger. Secondary assumption of risk occurs when an individual voluntarily encounters known, appreciated risk without an intended manifestation by that individual that he consents to relieve another of his duty.
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