In some states that have eliminated assumption of risk as a separate and complete defense,assumption of risk reappears as one of the many kinds of fault that a court must weigh in applying the state's comparative fault defense.

Question

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In a comparative fault state,the fact-finder determines the plaintiff's and the defendant's relative shares of the fault-including assumption of risk-that caused the plaintiff's injury.

In Some States That Have Eliminated Assumption of Risk as a Separate