In a premises liability claim, an accident victim alleges that a property victim’s negligence caused his or her injury. Depending on the facts of the case, the property owner may raise one or more defenses, including what is known as “assumption of the risk.” Basically, this means that the evidence shows the plaintiff “had full knowledge” of the particular hazard that caused the injury, that the plaintiff “understood and appreciated” this risk, and that they “voluntarily chose to act” of their own free will knowing they might be injured.
Hoose v. United States
A recent decision from a federal judge in Macon, Hose v. United States, illustrates how assumption of the risk is applied by courts in practice. This case involved a personal injury lawsuit against the federal government. The plaintiff was making a delivery to Robins Air Force Base (RAFB). According to the plaintiff, he regularly made deliveries to the commissary at RAFB and was thus familiar with its layout.