347: Listen and Learn -- Assumption of Risk (Torts)
The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond
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The Sub Rule for Implied Assumption of Risk
The first part of our rule involves checking off the element of voluntarily assuming some kind of risk. If you are at a carnival and you into a bumper car, you're doing so voluntarily. There's no duress going on that puts you in a loosloo situation. The next element is about a known risk. Do you know it's risky before harnessing yourself in? Sure? This element is easily met too. What about the sub rule for express versus implied? Did you expressly agree that you might sever spine and that was ok with you? No. Carnivals don't normally involve any waver signing before you jump into whatever rickety monstrosity you decide to spend your
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