5. Assumption of Risk

Doctrine of Assumption of Risk

A plaintiff who knowingly and voluntarily accepts a particular risk may be barred from recovering for harm arising from that risk. The defense does not extend to injuries caused by risks outside those accepted or inherent in the activity.

When the Defense May Arise

• Where a plaintiff, by contract or otherwise, expressly agrees to accept a risk or harm arising from the defendant's conduct, or
• Where a plaintiff who fully understands a risk or harm caused by the defendant's conduct, or by a condition created by the defendant, voluntarily chooses to enter or remain, or to permit his property to enter or remain, within the area of such risk, under circumstances manifesting his willingness to accept the risk. (Sps. Abrogar v. Cosmos Bottling Company, G.R. No. 164749, 15 Mar. 2017)

Requisites of Assumption of Risk

• The plaintiff had actual knowledge of the danger;
• He understood and appreciated the risk from the danger; and
• He voluntarily exposed himself to such risk. (Sps. Abrogar v. Cosmos Bottling Company, supra)

CONTRIBUTORY NEGLIGENCE

G.R: Even if the defendant was negligent, when the plaintiff’s own negligence was the proximate cause of his injury, he cannot recover damages. (Art. 2179, NCC)

XPN: If the plaintiff’s negligence was only contributory, the immediate and proximate cause of the injury being the defendant's lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded.

NOTE: In quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages that he may recover. (Art. 2214, NCC)

MUTUAL NEGLIGENCE

XPN:

• In cases specified by law;
• When declared by stipulation; or
• When the nature of the obligation requires the assumption of risk.

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