Implied Assumption of Risk Law and Legal Definition

Implied assumption of risk exists when “a plaintiff voluntarily encounters a risk emanating from a defendant's conduct with a full understanding of the possible harm to himself and unreasonably consents to the risk under the circumstances.” Dockery v. United States, 2009 U.S. Dist. LEXIS 94389 (N.D.N.Y Oct. 8, 2009)