Group Fitness Instructor

Category - Certifications

One of the basic defenses against litigation in the event of injury is the concept of “assumption of risk”. Which of the following is UNLIKELY to be an element of proving assumption of risk?
  1. The participant played a contributory role in his or her own injury
  2. The participant voluntarily accepted the risk known to accompany the activity
  3. The participant was informed of the risks associated with the activity
  4. The participant was asked to sign a waiver or other document
Explanation
Answer: A - The concept of assumption of risk does not ask who is responsible for the injury; it merely asks, did the participant understand that there were risks and then choose to participate. The concept of contributory negligence speaks to the idea of who is at fault. In contributory negligence, the defense argues that the participants somehow played a part, no matter how small, in bringing on the circumstances that lead to the injury. For example, a participant in a group indoor cycling class who tries to hurdle over a bike - and is injured in the process - might be held partially or fully responsible for his injuries.
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