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This article explores the circumstances under which a defendant in a negligence suit may successfully claim the affirmative defense of assumption of risk. It explains that a defendant can use this defense if they can prove the plaintiff was aware of the risks involved yet chose to ignore them. The case study of "Selwyn v. Ward" serves as a relevant example, detailing the court's decision regarding whether to favor the plaintiff, Bridget Selwyn, or the defendant, RC Liquors, Inc. Ultimately, the judgment highlights the balance between liability and personal choice in risk-related activities.
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Do Now Under what circumstances may a defendant to a negligence suit claim the assumption of risk defense? Explain and then give an example . The defendant may use this defense when they can prove that the plaintiff was aware of the risk, and still took the chance of being injured. Many sports teams have used this defense successfully.
Assignment • Pair Up! • Read the case handout for “Selwyn v. Ward” together • Answer the “review the case” questions, directly referring to the facts in the case • Use the internet, textbook, notes or any other resource available to answer the questions
Conclusion • Based on the case, “Selwyn v. Ward” do you find in favor of the Plaintiff, Bridget Selwyn or for the Defendant, RC Liquors, Inc? Explain your reasons, citing specific facts from the case • What do you think was the actual outcome of the case?
The Judgment • “We are satisfied that, although selling grain alcohol or alcoholic beverages to a minor is a crime and may pose serious risks to the purchaser and others, it is not an ultrahazardous or abnormally dangerous activity as those terms are recognized.” • Judgement for the plaintiff
