Is assumption of risk a defense of contributory negligence?
California, United States of America
The following excerpt is from Hendriksen v. Young Men's Christian Ass'n of San Diego, 173 Cal.App.2d 764, 344 P.2d 77 (Cal. App. 1959):
While there is a distinction between the defense of assumption of risk and contributory negligence (Prosser on Torts, pp. 377-392; Hayes v. Richfield Oil Corp., 38 Cal.2d 375, 384-385, 240 P.2d 580) it does appear that the doctrine of assumption of risk is based on the theory that there has been a voluntary acceptance of a risk, and such acceptance, whether express or implied, requires knowledge and appreciation of the risk.
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