assumption of risk

where a person voluntarily undertakes some dangerous act. 2. an affirmative defense to liability that prevents or reduces a plaintiff’s claim for injuries based upon the risk assumed. At common law, the assumption of risk was a complete bar to recoveries. In most jurisdictions, a finding of an assumption of risk—just like fault—may result in some percentage reduction in recoverable damages. Assumption of risk may be implied or in express written form. Theme parks, sports venues, recreational parks, health clubs, and other entertainment centers may have forms requiring participants and even spectators to acknowledge the risk of their participation or attendance. Courts sometimes do not enforce such waivers because of the superior bargaining power of the commercial actor.