Assumption of Risk

Definition

A defense against negligence liability when someone voluntarily accepts a known danger. 'You knew the risks and did it anyway,' the law says.

Example Usage

The ski resort relied on assumption of risk as a defense against the injured skier's negligence claim.

Origin

Tort law defense doctrine; developed in English common law

Fun Fact

Assumption of risk doesn't apply to hidden dangers or reckless conduct—courts won't enforce it when the defendant wasn't honest about the risks

Source: Tort law doctrine; defense doctrine

Related Terms

Advanced

palliate

To make something slightly less awful by hiding, softening, or dressing up its true nature. While it can mean relieving symptoms, it often means masking a problem with excuses—legally, this means downplaying the seriousness of misconduct.

⚖️ Legal

Intermediate

Remedy

What the court gives you to make things right after someone wrongs you, which usually means money because the legal system has not figured out how to order someone to sincerely apologize. The judicial equivalent of putting a band-aid on a broken leg.

⚖️ Legal

Intermediate

In Loco Parentis

Latin for 'in place of a parent'—when an institution assumes parental responsibilities and authority, like schools pretending they own your kids.

⚖️ Legal

Beginner

pleaded

The act of formally responding to legal charges or begging someone really, really nicely for something (often mercy). In court, it's how you tell the judge "guilty," "not guilty," or "it's complicated" in official legal speak. Defense attorneys do this professionally while standing up straight and trying to look convincing.

⚖️ Legal

Intermediate

prior

In legal contexts, shorthand for "previous convictions" or arrests on someone's criminal record—their greatest hits album of past mistakes. It's what prosecutors love to mention and defense attorneys try desperately to keep out of the current trial. Having "priors" is like showing up to a job interview with a resume of all your worst professional failures.

⚖️ Legal

Intermediate

motion

A formal request or proposal made in court by one party, asking the judge to do something or make a ruling. Lawyers submit motions the way toddlers submit requests for candy—frequently and with great hope.

⚖️ Legal

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