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What is assumption of risk?

Assumption of risk is a defense that the defendant can use to prevent a plaintiff from recovering, or diminish a plaintiff’s right to recover, against a negligent defendant. The defendant must show that the plaintiff willingly and knowingly assumed the risk of the behavior in which he or she was engaging at the time of the injury. By assuming the risk of participating in dangerous behavior, the plaintiff has released the defendant of the duty to mitigate damages.

But in New Jersey, assumption of risk is not a valid defense to a claim of negligence. However, there are exceptions to which the defense can be applied. They include cases involving skiing, roller skating and equestrian activities. Where sports injuries are generally concerned, New Jersey follows a recklessness standard of care in order to determine the duty owed by one recreational player to another.

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The highly competent lawyers at Petrillo and Goldberg represent clients with personal injury claims, workers compensation claims, slip-and-fall cases and automobile accident victims. We work for you, and take our job of getting the best possible results for you seriously.

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