Multistate Bar Examination Practice Question

The defense of assumption of risk succeeds only if the defendant shows that the plaintiff (1) had actual, subjective knowledge of the specific risk that resulted in the injury and (2) voluntarily chose to confront that risk. The required consent may be express (for example, by signing a waiver) or implied from the plaintiff's conduct. When proved, the defense is a complete bar to recovery for harm that falls within the risk assumed and applies even if the defendant's conduct was negligent or reckless. It does not, however, bar claims for intentional torts unless the plaintiff actually consented to the intentional contact. The other options misstate the doctrine: merely "should have known" of the danger is the standard for contributory negligence, not assumption of risk; the defense is not limited to strict-liability activities; and public policy generally prevents waivers from excusing intentional or reckless misconduct.