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 a recent decision, Watson v. Reg’l First Care, Inc., the Georgia Court of Appeals added another chapter to its assumption of risk jurisprudence by addressing whether a patient assumed the risk of injury when he chose to sit on an examination table at a local medical clinic.
The plaintiff in Watson was a patient at the defendant medical clinic, where he was receiving treatment for bronchitis. Following a visit to the clinic on April 16, the plaintiff had a coughing episode that caused him to black out and hit his head on a nightstand in his home. On May 2, the plaintiff returned to the medical clinic for further bronchitis treatment. Following his arrival at the clinic, the plaintiff was taken to an examination room by a medical assistant. The medical assistant instructed the plaintiff to sit on an examination table, measured his blood pressure, and left to find a physician. While he was having his blood pressure measured, the plaintiff told the medical assistant that he had fainted as a result of coughing spells on two prior occasions. While waiting for the doctor to arrive, the plaintiff had another coughing fit that caused him to black out and fall to the floor.