In many places, an injured plaintiff who knowingly enters a dangerous position is ineligible for compensation. Assumption of risk is the primary defense for negligence in this situation.
In this scenario, it is up to you and your attorney to prove each of the five elements of negligence: obligation, breach of duty, cause, in fact, proximate cause, and harm. Your lawyer might be able to help you collect the proof you need to prove your case, develop a convincing defense, and win the compensation you are entitled to.
Assumption of risk is an affirmative defense in tort law that a defendant in a negligence case may assert under the Federal Rules of Civil Procedure.
In order to prevent a plaintiff from being compensated for their losses in a negligence claim, the defendant may assert the affirmative defense of assumption of the risk. When the plaintiff agreed to a knowing danger, the defendant may argue that the plaintiff assumed the risk.
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