Sunday, August 25, 2019

The Doctrine of Risk Assumption Essay Example | Topics and Well Written Essays - 500 words

The Doctrine of Risk Assumption - Essay Example The case under research presents a classic example of assumption of risk set out in the tort of negligence. As such, it is significant to inspect the fundamentals that define the rationale for risk assumption and implications thereof. Typically, the ideals of this doctrine demand that the injured party must prove beyond any reasonable doubt that the defendant owed him the duty of care. Secondly, the plaintiff bears the onus of proof that the defendant breached such duty by failing to take all practicable measures and exercising necessary obligation to prevent potential injuries that may arise if such duty is breached. Thirdly, the injured party ought to demonstrate that the risk was not reasonably open and obvious for which the plaintiff sustained injuries. It is worth illustrating as well that the defendant was reckless as a result of which he caused the plaintiff actual injuries as reiterated by Wong. In examining these conundrums, the law purports that the doctrine of risk assumpt ion applies to the players as well as spectators and bystanders in the game in question. On the other hand, statutory logic suggests that any fans of a given game who decides to attend that game shall have assumed the risks associated with that game even if he is not actively engaged in the game. Notwithstanding actual attendance, the law shall not hold the owner of a playing ground liable for injuries suffered by persons who voluntarily assume the risk of taking part in a match thereon. Moreover, a claim for negligence can arise if the risk was not open and obvious whereby the injured parties could have opted to stay away if they had knowledge of such risks. For instance, it is not reasonable open and obvious that a stadium roof may collapse on football spectators if such the construction of such stadium had been supervised and certified by competent engineers.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.