What is the test for determining whether a plaintiff has, as a matter of law, voluntarily assumed the risk of a known and appreciated danger?
California, United States of America
The following excerpt is from Saeter v. Harley Davidson Motor Co., 186 Cal.App.2d 248, 8 Cal.Rptr. 747 (Cal. App. 1960):
We are satisfied that the foregoing rules also apply on the [186 Cal.App.2d 255] question of determining whether or not a plaintiff has, as a matter of law, voluntarily assumed the risk of a known and appreciated danger. As was said in Gomes v. Byrne, 51 Cal.2d 418, 420[2, 3], 333 P.2d 754, 755:
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