What is the test for assumption of risk in a plaintiff's claim for contributory negligence?

California, United States of America


The following excerpt is from Fuller v. State of California, 125 Cal.Rptr. 586, 51 Cal.App.3d 926 (Cal. App. 1975):

The requisite knowledge of the magnitude of the risk does not require that the exact nature of the injury be foreseen. It was held in Travernier v. Maes (1966) 242 Cal.App.2d 532, 51 Cal.Rptr. 575, that the fact that the injury (a softball player slid into the plaintiff) was more severe than might be expected, did not deprive the defendant of the defense of assumption of risk.

[51 Cal.App.3d 942] The court properly instructed on the doctrine of assumption of risk.

4) Contributory negligence.

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