13.02. Assumption of Risk-Employer-Employee Relationship-Burden of Proof | Pdf Doc Docx | Illinois_JI

 Illinois Jury Instructions   Civil   013 Assumption Of Risk 
13.02. Assumption of Risk-Employer-Employee Relationship-Burden of Proof | Pdf Doc Docx | Illinois_JI

Last updated: 12/30/2011

13.02. Assumption of Risk-Employer-Employee Relationship-Burden of Proof

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Description

13.02 Assumption of Risk--Employer-Employee Relationship--Burden of Proof [As to Count [__],] T[t]he defendant has raised the affirmative defense that the plaintiff assumed the risk of injury from the danger which the plaintiff claims caused his injury. To prove this defense, the defendant has the burden of proving each of the following propositions: First, that at the time of the occurrence in question, the plaintiff was the defendant's employee; Second, that performing the duties of his employment exposed the plaintiff to the danger that resulted in the injury of which he complains[,] [namely, [describe danger]]; Third, that the danger was one that ordinarily accompanies the employment; Fourth, that the plaintiff had actual knowledge of this danger and understood and appreciated the nature and extent of the risk; Fifth, that the plaintiff voluntarily subjected himself to this danger; and Sixth, that this danger was the cause of the plaintiff's [alleged] [injuries] [damages]. If you decide that each of these propositions has been proved, then your verdict should be for the defendant [as to Count [__]]. If, on the other hand, you decide that any of these propositions has not been proved, then the defendant has not proved the affirmative defense of assumption of the risk.

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