What is the current state of the law on "assumption of risk" in a personal injury case?
MultiRegion, United States of America
The following excerpt is from Boise Payette Lumber Co. v. Larsen, 214 F.2d 373 (9th Cir. 1954):
Probably forty years ago there would have been much validity to an argument that one who went up in an airplane took his own life in his hands, assumed the risk and was guilty of contributory negligence if anything happened. Cases which attribute "assumption of risk" to parties who fly in any standard plane in good mechanical order at the time with a licensed pilot (without more) are out of date. United States v. Kesinger, 10 Cir., 190 F.2d 529.
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