In a July 31, 2006, Pennsylvania Law Weekly article headlined “Dead or Alive? The assumption of risk doctrine in Pennsylvania,” 29 PLW 860, I reviewed the status of the assumption of risk doctrine in its various forms and concluded that doctrine, although not clearly delineated at times, remained a valid defense in Pennsylvania civil litigation matters.
The 2006 article noted that the doctrine can essentially be divided into two categories. The assumption of risk doctrine in its primary and strict sense applies where a plaintiff fully understands a specific risk of injury but nevertheless voluntarily chooses to encounter it under circumstances that manifest a willingness to accept the risk.
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