By

ASSUMPTION OF RISK

The defendant seeks to establish that the plaintiff assumed the risk of injury from the danger the plaintiff contends caused his injury.

In order to establish that the plaintiff assumed the risk, the defendant must prove, by a preponderance of the evidence, the following elements:

  1. That the plaintiff had actual knowledge of the risk;
  2. That he fully appreciated the danger resulting from the risk; and
  3. That he voluntarily exposed himself to the danger.

If you find that each of these elements has been proved, then the plaintiff may not recover for his injuries and your verdict should be for the defendant. If, on the other hand, you decide that any of these elements has not been proved, then the defendant has not proved the plaintiff assumed the risk.

NEV. J.I. 4.16

 

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.