What is the primary assumption of risk in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from Perry v. United States, Case No.: 3:20-cv-1451-JAH-MDD (S.D. Cal. 2021):
Primary assumption of risk involves situations where "by virtue of the nature of the activity and the parties' relationship to the activity, the defendant owes no legal duty to protect the plaintiff from the particular risk of harm." Knight v. Jewett, 3 Cal. 4th 296, 314-15 (1992). It acts as a complete bar to recovery. Id. "In the sports setting, [ ] conditions
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