The brakes on Ned's overland truck are broken, but he continues to drive them. unable to slow down, he crashes into a guardrail and pulls off the road. in the case of ned versus overland, the truck manufacturer can raise the defense of assumption of risk
assumption of risk is a common law doctrine that refers to a plaintiff's inability to recover for wrongdoing by a negligent party in scenarios where the plaintiff has voluntarily assumed the risk of such acts. Potential plaintiffs sometimes take the risk of injury and release potential defendants from any liability. Previously, this was an affirmative defense available to defendants, but it has since been subordinated to complicit and comparative negligence in most jurisdictions.
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