implied assumption of the risk

An assumption based on the plaintiff’s conduct that seems to consent to relieve another of liability for negligence.

• For this defense to apply, the plaintiff’s conduct must suggest (1) open consent to the risk, (2) voluntary participation in the activity, and (3) full understanding of the danger. See VOLENTI NON FIT INJURIA.

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词条贡献者

资深译员筠怡，国际知名法学院民商法专业，专注翻译各种与商业和侵权诉讼有关的法律文件。