ASSUMPTION OF RISK
The defendant contends that the plaintiff assumed the risk of the harm that he suffered. To establish that the plaintiff assumed this risk, the defendant must show, by a preponderance of the evidence; that:
- The plaintiff actually knew and appreciated the particular risk or danger created by the defect;
- The plaintiff voluntarily encountered this risk while realizing the danger; and
- The plaintiffs decision to voluntarily encounter the known risk was unreasonable.
A person who thus assumes the risk is not entitled to recover for damages which resulted from the danger to which he exposed himself.
NEV. J.I. 7.08
Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee. Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com
Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.