In a recent Georgia injury case, the court considered the drowning of a 20-year-old college student while he was studying abroad in Costa Rica. His university offered students a 12-day trip. They had to pay a fee that went toward the trip expenses as well as a per credit tuition…
Assumption of risk is among the most commonly invoked defenses in negligence cases. Given that the defense has existed as long as the common law and is so frequently raised by defendants in negligence cases, courts have been forced to address the contours of the defense’s applicability for hundreds of years. In…
Among the most common defenses in negligence litigation is assumption of risk. Assumption of risk was originally an affirmative defense that absolutely insulated a defendant from liability if it was shown that the plaintiff assumed the risk that resulted in injury. Today, however, assumption of risk has become part of the…