Assumption-of-Risk Doctrine

Assumption-of-Risk Doctrine

A legal doctrine that states that a person who knowingly exposes him/herself to hazards with potential for bodily harm cannot hold others liable if harm occurs; under the AORD, a person who consents to a medical procedure—or alternatively, decides to forego a physician-recommended therapy—with knowledge that injury is a foreseeable—albeit uncommon—result, waives the right to a future complaint that any ‘foreseeable’ injury was caused by negligence, assuming medical treatment was performed with proper care, and res ipsa loquitur cannot be evoked

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assumption-of-risk doctrine

Volenti non fit injuria Medical malpractice A doctrine that states that an individual who knowingly exposes him/herself to hazards with potential for bodily harm, cannot hold others liable if harm occurs; under the AORD, a person who consents to a medical procedure–or alternatively, decides to forego a physician-recommended therapy–with knowledge that injury is a foreseeable—albeit uncommon—result, waives the right to a future complaint that any 'foreseeable' injury was caused by the physician's negligence, assuming medical treatment was performed with proper care, and res ipsa loquitur cannot be evoked. See 'Blood shield' statutes, Informed consent, Res ipsa loquitur. Cf Contributory negligence.