Question

Andy decides to go skydiving for his 40th birthday. He signs a waiver, boards the plane and prepares for the jump. Everything is going smoothly until just before landing a down draft forces Andy down at a much faster rate into the ground, causing injury to both of his legs. Andy will likely not be able to recover for his injuries under the defense of ________.

Answer 1

Answer: assumption of the risk

 

Explanation: In case of any dispute, if the defendant succeed to prove the court that the the plaintiff knowingly took the potential risk of the activity which he or she was participating, then under the assumption of risk court can reduce or bar the recovery of that plaintiff.

In the given case, Andy signed a waiver before going for the dive. That waiver is a proof that he himself assumed the risk.

Thus, he will not recover his injuries under the defense of assumption of risk .