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Assumption of Risk

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Deist posted on Thu, Mar 5 2009 3:16 PM

I have been looking everywhere for a simple explanation of how the  common law doctrine of assumption of risk was structured in workplace and employee/employer situations before it was abolished as a defense in those scenarios.  The employer could still be held liable for negligence that was soley their own fault (contributory negligence prevented anyone who contributed to their own problem from recovery) but I am just curious if someone could give me some sort of example of where assumption of risk would apply.

It seems most of classic common law prevented much litigation by allowing for far more doctrines that a case could be dismissed for before it went to a trial. Assumption of Risk in the workplace seems to have been one of those doctrines but I am having a hard time finding any clear and coherent descriptions of it.

Anyone here know?

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