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Question 1
Dave is an avid bungee jumper who is going on a jumping trip to Schnipper's cliff. Dave is bringing along his four-year-old son, Solomon, who has no idea what bungee jumping is. The company that is organizing the trip makes Dave and Solomon sign release forms saying that they are aware of the risks involved in bungee jumping and that they assume those risks. Solomon cannot read and puts his name on the line where Dave tells him to. The company representative who is leading the trip then puts Dave and Solomon into their harness, connects the harnesses to the cords and tells Dave and Solomon to jump. Dave jumps. Solomon jumps after his father, and is injured. If Solomon sues the company for his injuries he will not be able to recover because he assumed the risk:
Correct
Incorrect!
Correct According to the general rule, there is no assumption of risk when the plaintiff does not comprehend the danger because of either age or inexperience. Here, Solomon had no idea of what bungee jumping was. Further, because of his age, it is safe to say that he was not completely aware of the danger involved, especially after seeing his father jump. Therefore, Solomon did not assume the risk of injury, he will be able to recover for his injuries and the correct answer is FALSE.
Incorrect! According to the general rule, there is no assumption of risk when the plaintiff does not comprehend the danger because of either age or inexperience. Here, Solomon had no idea of what bungee jumping was. Further, because of his age, it is safe to say that he was not completely aware of the danger involved, especially after seeing his father jump. Therefore, Solomon did not assume the risk of injury, he will be able to recover for his injuries and the correct answer is FALSE.
Question 2
Barry is wandering around in the park when he walks by a group of kids playing tackle football. The kids ask Barry if he wants to play and Barry, who loves football, agrees. On the first play of the game, Barry gets the ball and manages to run a few yards before being tackled by three kids. Barry tears the ligaments in his left knee on the play and is in a cast for the next six months. If Barry sues the kids he was playing with, he will not be able to recover for his injuries:
Correct Voluntary participation in a sporting event is considered assumption of the risk. Barry knew how to play football and he knew that it could be a rough game. By agreeing to play, he assumed the risk that he might get tackled and possibly injured. Therefore, he will be unable to recover for his injuries and the correct answer is TRUE.
Incorrect! Voluntary participation in a sporting event is considered assumption of the risk. Barry knew how to play football and he knew that it could be a rough game. By agreeing to play, he assumed the risk that he might get tackled and possibly injured. Therefore, he will be unable to recover for his injuries and the correct answer is TRUE.
Correct
Incorrect!
Question 3
Barry is wandering around in the park when he walks by a group of kids playing tackle football. The kids ask Barry if he wants to play and Barry, who loves football, agrees. On the first play of the game, Barry gets the ball and manages to run a few yards before being tackled by three kids. As Barry is getting up, one of the kids kicks Barry in the chest, breaking several of Barry's ribs. If Barry sues the kid who kicked him, he will not be able to recover for his injuries:
Correct
Incorrect!
Correct While voluntary participation in a sporting event is considered assumption of the risk, participation in the sporting event is not considered assumption of the risk of an opponent flagrantly violating the rules of the event and causing serious injury. Here, the kid flagrantly violated the rules of the game, inflicting an injury that Barry did not assume the risk of. Therefore, even though football is a rough game, Barry will be able to recover from the kid who kicked him and the correct answer is FALSE.
Incorrect! While voluntary participation in a sporting event is considered assumption of the risk, participation in the sporting event is not considered assumption of the risk of an opponent flagrantly violating the rules of the event and causing serious injury. Here, the kid flagrantly violated the rules of the game, inflicting an injury that Barry did not assume the risk of. Therefore, even though football is a rough game, Barry will be able to recover from the kid who kicked him and the correct answer is FALSE.