Although the well settled doctrine of assumption of the risk dates back to at least the Industrial Revolution, over the past 30 years there has been a great deal of confusion in Pennsylvania regarding the continuing validity of this defense, particularly as a complete bar to a cause of action.
The doctrine has been essentially waging a battle against extinction since the early 1980′s. Yet, like a weed pushing through a crack in a sidewalk, it refuses to be eradicated.
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