FAQ: What is an Assumption of Risk?

Assumption of Risk is an affirmative defense against a claim that asserts that the injured party “freely and knowingly” engaged in risky activity, relieving the defendant of having to act with Reasonable Care.

In Texas, the Defendant must prove that the Plaintiff gave express oral or written consent before encountering the risk. This is known as “Express Assumption of Risk.”

Responsibility for the Plaintiff’s own risky behavior is addressed through the allocation of damages under Texas’ Modified Comparative Fault structure.