RECOGNITION AND ASSUMPTION OF RISK AGREEMENT.docx 2025

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The defense of assumption of risk in quasi-delicts (culpa aquiliana) is a fundamental doctrine in Philippine civil law. It is primarily derived from Article 2179 of the Civil Code, which provides: When the plaintiffs own negligence was the immediate and proximate cause of his injury, he cannot recover damages.
In order for a defendant to invoke the assumption of the risk defense, the plaintiff must have: Known that there was a risk of the same sort of injury that the plaintiff actually suffered. Voluntarily took on that danger (assumed the risk) in participating in the activity.
Generally, there are three types of assumption of risk: primary, express, and implied. Primary assumption of risk is often used in organized sports or recreational activities. It is generally presumed that an experienced participant understands and assumes the risk of participating in the sport or activity.
Express assumption of risk involves showing the plaintiff explicitly accepted the risk. This can be done through a written agreement between the parties, which is often a signed wavier form signed by the plaintiff when undertaking a dangerous activity, such as skydiving.
Assumption of risk is the idea that a party has engaged in an action that has inherent risks while fully accepting and being responsible for the consequences of those potential risks.
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The assumption of risk defense is often raised in premises liability cases where there are no trespassing or enter at your own risk signs, activities involving dangerous chemicals or substances, waiver and release provision disputes, or extreme sports activities and any other activity where the risk is obvious.
To prove assumption of risk as a legal defense, three things must be true: The risk to the plaintiff must be inherent in the activity. The plaintiff must voluntarily consent to being exposed to that risk. The plaintiff must know, understand, and appreciate the inherent risk involved in the activity.
Assumption of Risk Doctrine example: In order to go scuba diving, patrons are required to sign a contract stating that they understand the risks. example: It is reasonable to assume that, while renting a jet ski, you may fall off and injure yourself.

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