Ted crosses the street while not paying attention and fails to notice a flashing "Do Not Cross" sign.Alice,who is distracted,sees Ted at the last minute and hits him,breaking his leg.When Ted sues Alice,she can successfully use the defense of assumption of risk.

Question

Quizplus · Accepted Answer

Assumption of risk is a defense where the plaintiff willingly and knowingly assumed the risks associated with the activity or situation. In this case, Ted did not willingly and knowingly assume the risk of being hit by a distracted driver. Therefore, Alice cannot use the defense of assumption of risk.

Ted Crosses the Street While Not Paying Attention and Fails