Assumption of Risk

Assumption of risk is a legal defense arguing that an injured person knew about a danger, understood it, and voluntarily chose to face it anyway, so the defendant shouldn't be held responsible. In asbestos cases, companies sometimes claim workers accepted the hazard by taking the job. Courts limit this defense heavily, especially where the danger was hidden or the company failed to warn.

Origin

The doctrine comes from old common-law principles, often expressed in the Latin maxim volenti non fit injuria, "to one who is willing, no injury is done." It developed in 19th-century employment and negligence law before being narrowed by worker-protection statutes.

Significance in Asbestos Context

For an asbestos patient, assumption of risk is a defense you may see raised to blame you for your own exposure. It usually fails when the worker didn't actually know asbestos was dangerous, which was common because manufacturers concealed the hazard for decades. To "assume" a risk, a person must have known and appreciated the specific danger; simply doing a job that happened to involve asbestos isn't enough. Your legal team will typically counter this by showing the lack of warnings and the industry's suppression of health information, so evidence about what you were and weren't told matters.

Example Sentence

The manufacturer argued assumption of risk, but the records showed no warning labels appeared on the insulation products until years after the plaintiff's exposure ended.

Related Terms

Contributory Negligence, Comparative Fault, Failure to Warn, Duty to Warn, Sophisticated User Defense, Affirmative Defense

Notes

• Tell your attorney what warnings, training, or safety information you did or didn't receive, and when; this directly rebuts the defense.
• Preserve any old product packaging, labels, safety data sheets, or employer safety memos.
• Many states have limited or abolished assumption of risk in product-liability cases; its availability depends on jurisdiction.