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Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

Assumption of Risk

Volume 4 . Chapter 10 . § 10-16.2
Key point 10-16.2. Adults who voluntarily expose themselves to a known risk created by a church program or activity generally cannot sue the church if they are injured as a result of that risk.

Persons who voluntarily expose themselves to a known danger or to a danger that was so obvious that it should have been recognized will be deemed to have assumed the risks of their conduct. As a result, persons who voluntarily expose themselves to the negligent conduct of a defendant with full knowledge of the danger will be barred from recovery for any injuries resulting from the defendant's negligence.

Assumption of risk is closely related to contributory negligence. One court has distinguished the two by noting that assumption of risk connotes "venturousness," ...

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