Last updated: 4/13/2015
13.01. Assumption of Risk-Contractual Relationship-Burden of ProofStart Your Free Trial $ 11.99
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13.01 Assumption of Risk--Contractual Relationship--Burden of Proof [As to Count [__],] T[t]he defendant has raised the affirm ative defense that the plaintiff assumed the risk of injury from the danger which th e plaintiff claims caused his injury. To prove this defense, the defenda nt has the burden of proving each of the following propositions: First, that the defendant and the plaint iff had [an agreem ent] [a contract] under which the p laintiff was to particip ate in ac tivities which expo sed him to the danger that resulted in the injury of which he complains[,] [namely, [describe danger]]. Second, that the danger wa s one that ordinarily acc contemplated in the [agreement] [contract]. ompanies the activities Third, that the plaintiff had actual know ledge of this danger and understood and appreciated the nature and extent of the risk; Fourth, that the plaintiff voluntarily subjected himself to this danger; and Fifth, that this d [damages]. anger was the cause of the plaintiff's [alleged] [injuries] If you decid e that each of these pro positions has been prov ed, then you r verdict should be for the defendant [as to C ount [__]]. If, on the other hand, you decide that any of these proposition s has not been proved, then the def endant has not proved the affirmative defense of assumption of the risk.