Defenses to Accidental Tort Claims – 2
A person can expressly agree to assume the risk of another person’s negligence, and such an agreement is valid unless it contravenes public policy. Examples include off-road motorcycle riding: in the case of a plaintiff who claims to be fully aware of the hazards of the conduct and voluntarily assumes all risks of injury, there is no liability. These contracts can be entered into before the injury and are enforceable as an Assumption of the risk.
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