Which defense relies on the injured worker's voluntary acceptance of risk?

Which defense relies on the injured worker's voluntary acceptance of risk?

• A. Fellow Servant Rule
• B. Assumption of Risk
• C. Contributory Negligence
• D. Strict Liability

Answer: (B)

Assumption of risk is a defense based on the injured worker knowingly and voluntarily accepting a dangerous condition or activity. If someone is aware of a hazard and still chooses to proceed, they may be barred from recovering for injuries tied to that risk. This can be explicit, like signing a waiver, or implied by voluntary conduct in a dangerous situation. This concept is distinct from the fellow servant rule (liability shifts due to another employee), contributory negligence (the worker’s own fault reduces or bars recovery), and strict liability (liability without fault). In practice, assumption of risk matters most in common-law tort claims; in workers’ compensation contexts, the no-fault nature of the system often limits its applicability.

Assumption of risk is a defense based on the injured worker knowingly and voluntarily accepting a dangerous condition or activity. If someone is aware of a hazard and still chooses to proceed, they may be barred from recovering for injuries tied to that risk. This can be explicit, like signing a waiver, or implied by voluntary conduct in a dangerous situation. This concept is distinct from the fellow servant rule (liability shifts due to another employee), contributory negligence (the worker’s own fault reduces or bars recovery), and strict liability (liability without fault). In practice, assumption of risk matters most in common-law tort claims; in workers’ compensation contexts, the no-fault nature of the system often limits its applicability.