Court: Plaintiff Cannot Assume a Risk Which Is Not Inherent in the Activity or Which He Does Not Know

Jul 20, 2018

By James Moss   (Summary: This case looks at assumption of risk as a defense, when the risk assumed is not "visible" or known to the injured plaintiff. The plaintiff fell from a mobile climbing wall when the carabiner used in the belay detached. The defense of assumption of risk failed because the risk was concealed or unreasonably enhanced, according to the court.)   Facts   The defendant set up its mobile climbing wall at the Eden Corn Festival. While climbing the carabiner deta
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