What legal concept assumes the plaintiff had knowledge and voluntarily accepted the risk?

The legal concept that assumes the plaintiff had knowledge and voluntarily accepted the risk is known as "Assumption of the Risk." This doctrine is rooted in the principle that when individuals engage in certain activities that carry inherent risks, they acknowledge those risks and accept the potential consequences involved. In situations where a person has been made aware of a risk and still decides to proceed, the law may determine that they have assumed responsibility for any injury or harm that arises from that risk.

Assumption of the Risk serves as a defense in personal injury claims and can significantly impact the outcome of a case. For example, if someone voluntarily participates in a sport that has known dangers, such as skiing or football, and suffers an injury, the court may find that they assumed the risk of injury by participating in that activity. This concept encourages personal accountability and helps to prevent liability claims when individuals choose to engage in risky behaviors despite being aware of the dangers involved.

Other concepts like contributory negligence, negligence per se, and comparative fault focus on different aspects of liability and responsibility, but assumption of the risk specifically addresses the plaintiff's voluntary acceptance of risk after being informed about it.