What are some common defenses to negligence?
Assumption of Risk If you participate in activities that you know are risky or dangerous, and are injured as a result, it may be determined that you “assumed the risk” of injury associated with that activity. For example, a skier who knowingly skis down a steep mountain containing large moguls assumes the risk of harm inherent in such an activity. If the skier injures themselves, it would be argued that they assumed the risk and would be responsible for their own injuries. Open and Obvious Danger Another defense which is similar to assumption of risk arises when you engage in an obviously dangerous activity. Assumption of risk focuses on the knowledge of what dangers could be present, but open and obvious danger is the direct knowledge of what dangers are present. For example, suppose you ignore the sign that reads “Danger! Attack Dog!” on your neighbor’s fence and enter his yard knowing that it contains a large, angry pit bull. If you are bitten or attacked, your neighbor could use th
