What is the difference between contributory negligence and assumption of risk?
Contributory negligence and assumption of risk have been said to be distinguishable in that the essence of contributory negligence is carelessness, while that of assumption of risk is virtuousness. Under this view, knowledge and appreciation of the danger are necessary elements of assumption of risk, while failure to use due care under the circumstances constitutes the essence of contributory negligence. However, it has also been recognized that the defenses of contributory negligence and assumption of risk may overlap under certain circumstances. A plaintiff’s conduct in voluntarily encountering a known risk may be unreasonable, and therefore negligent, and thus many courts have used the terms more or less interchangeably.
