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table of contents
index
nd cases cited
nd statutes cited
cross reference numbers
burden of proof req.
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Assumption of Risk
2002- Tort Liability
C - 2.75
A person assumes the risk of [injury] [loss] if the person 1) has actual knowledge of a risk of [injury] [loss], 2) has freedom of choice to avoid the risk, 3) voluntarily encounters the risk, and 4) [injury] [loss] is proximately caused by the encounter. If you find that a person has assumed the risk of [injury] [loss] you may consider that as evidence of fault.
 
NDCC 32-03.2-02
Rodenberg v. Fargo-Moorhead Young Men’s Christian Ass’n, 2001 ND 139, 632 NW2d 407
Spieker v. Westgo, Inc., 479 NW2d 837 (ND 1992)
Olson v. Chesterton, 256 NW2d 530 (ND 1977)