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. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at