The Third Restatement of Torts limits the defense of assumption of risk to express assumption of the risk.

Question

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The Third Restatement of Torts limits assumption of risk to express assumption of the risk, meaning the plaintiff has explicitly and knowingly agreed to assume the risk involved in a particular activity or situation. Implied assumption of the risk is not recognized as a defense under the Third Restatement.

The Third Restatement of Torts Limits the Defense of Assumption