T
timmcneely
Guest
In another post I made I asked about negligence. A friend crashed while driving my car ( see other post). I have been trying to do research on negligence and have come across the doctrine of Assumption of Risk.
This is what what one site had to say :
"The doctrine of assumption of risk bars a claim for negligence when it can be shown that the plaintiff, by his or her conduct, voluntarily chose to encounter a know and specific danger and either fully appreciated or should have fully appreciated the risks posed by that conduct. It is rarely applicable in automobile accident claims, because it involves intentional, as opposed to negligent, behavior. However, since it is a defense at common law to a negligence claim, under the appropriate set of circumstances it may be applicable in an automobile accident claim."
By letting someone else drive my car, did I voluntarily chose to encounter a know and specific danger and either fully appreciated or should have fully appreciated the risks posed by that conduct?
I would like to know how much of a role that each of us played in causing the damage. If I did assume the risk, can I still make a claim?
Thanks
This is what what one site had to say :
"The doctrine of assumption of risk bars a claim for negligence when it can be shown that the plaintiff, by his or her conduct, voluntarily chose to encounter a know and specific danger and either fully appreciated or should have fully appreciated the risks posed by that conduct. It is rarely applicable in automobile accident claims, because it involves intentional, as opposed to negligent, behavior. However, since it is a defense at common law to a negligence claim, under the appropriate set of circumstances it may be applicable in an automobile accident claim."
By letting someone else drive my car, did I voluntarily chose to encounter a know and specific danger and either fully appreciated or should have fully appreciated the risks posed by that conduct?
I would like to know how much of a role that each of us played in causing the damage. If I did assume the risk, can I still make a claim?
Thanks