In some circumstances the plaintiff can consent or agree to the risk they are confronting. However, there are limitations to these assumptions, the plaintiff generally needs to the know the type of risk and appreciation the quality of the risk. Generally this will arise in the context of sports. When an individual agrees to participate in a sport, then that individual also agrees to expose themselves to all risk associated with that particular sport. Whereby the other participants have no duty to eliminate or protect that individual from these known risk. On the other hand, if an individual participants in a sport they do not assume the risk of dangers that are not inherent with the sport. For example, if you were to participant in a basketball game it may be determine that you assume the risk of someone’s elbow mistakenly striking you, but you did not assume the risk of someone intentional throwing a punch.
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