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Acknowledgment And Assumption Of Risk - Georgia Institute Of ...
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Risks, of injury, property damage and other danger associated with participation in such activities. The COURSE consists of a variety of activities with many categorized as high" elements taking place from 4 feet off the ground up to 40 feet in height. The "high" components of the COURSE provide an opportunity for participants to walk across beams, cables, ropes, planks, and other obstacles. In addition, participants access the "high" areas by climbing a cargo-type net. Participants exit.
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Categorized FAQ
In order for a defendant to invoke the assumption of the risk defense, the plaintiff must have: Known that there was a risk of the same sort of injury that the plaintiff actually suffered. Voluntarily took on that danger (assumed the risk) in participating in the activity.
Generally, there are three types of assumption of risk: primary, express, and implied. Primary assumption of risk is often used in organized sports or recreational activities. It is generally presumed that an experienced participant understands and assumes the risk of participating in the sport or activity.
The assumption of risk defense is often raised in premises liability cases where there are “no trespassing” or “enter at your own risk” signs, activities involving dangerous chemicals or substances, waiver and release provision disputes, or extreme sports activities and any other activity where the risk is obvious.
Assumption of Risk: The undersigned hereby acknowledge and agree that they understand the nature of the Event; that Participant is qualified, in good health, and in proper physical condition to participate therein; that there are certain inherent risks and dangers associated with the Event; and that, except as ...
Assumption of risk is a defense that a defendant can claim in personal injury lawsuits. This means that a defendant can't be sued for damages or injuries the plaintiff suffered if the plaintiff knowingly and voluntarily assumed the risk of damages or injury.
For example, if a baseball fan gets hit in the head with a baseball, they cannot sue the stadium for their injury because it is assumed they were aware of the risk simply by their willingness to be present in the stadium.
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