Divorce Dex.com: Assumption of Risk

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Definition Assumption of Risk - an affirmative defense to a tort based on the theory that the plaintiff is not entitled to recover from the defendant for an injury the plaintiff sustained as a result of a clearly dangerous activity to which he or she voluntarily consented.

Application in Divorce A person who takes a fall on a ski slope cannot sue the operator of the lodge for damages because he assumed the risk inherent in skiing. However, a person who is enjoying a cup of coffee in a ski lodge when the oil burner explodes and injures him has a ground for action because he did not assume risk of sitting in the lodge.

In a marriage, the spouses are assuming the risk of divorce.

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