Does the doctrine of reasonable implied risk apply to a plaintiff who has voluntarily assumed risk?

California, United States of America


The following excerpt is from Milwaukee Elec. Tool Corp. v. Superior Court (Vondrasek), 10 Cal.App.4th 403, 6 Cal.Rptr.2d 423 (Cal. App. 1992):

"The correct analysis is this: The doctrine of reasonable implied assumption of risk is only another way of stating that the defendant's duty of care has been reduced in proportion to the hazards attendant to the event. Where no duty of care is owed with respect to a particular mishap, there can be no breach; consequently, as a matter of law, a personal injury plaintiff who has voluntarily--and reasonably--assumed the risk cannot prevail. Or stated another way, the individual who knowingly and voluntarily assumes a risk, whether for recreational enjoyment, economic reward, or some similar purpose, is deemed to have agreed to reduce the defendant's duty of care." (Ordway v. Superior Court, supra, 198 Cal.App.3d at p. 104, 243 Cal.Rptr. 536.)

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