Crucial Exams

Multistate Bar Examination Practice Question

To establish the affirmative defense of assumption of risk in a negligence action, a defendant must prove which of the following?

  • That the plaintiff should have known the activity was dangerous and proceeded unreasonably.

  • That the plaintiff signed a written release purporting to waive all negligence claims.

  • That the plaintiff failed to take reasonable steps to mitigate damages after the injury occurred.

  • That the plaintiff actually knew and appreciated the specific risk involved and voluntarily chose to encounter it.

Multistate Bar Examination
Torts
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