Law School Toolbox Podcast Episode 347: Listen and Learn -- Assumption of Risk (Torts)
Bar Exam Toolbox Podcast Episode 107: Listen and Learn -- Assumption of Risk (Torts)
Luke v. Short Creek Joint Fire District, 2025 WL 289593, No. 24-JE-0005 (Ohio Ct. App. Jan. 23, 2025) - This matter establishes a strong assumption of risk defense based upon the actions of passengers within moving vehicles....more
Grady v. Chenango Valley Central School District, 2023 WL 3102723 (2023) -Scholars wondered whether this doctrine would still be applicable because of recent New York cases stating that a plaintiff could be granted summary...more
Assumption of the Risk- Smith v. Be Fit with Michelle, LLC, 11th Dist. Lake, No. 2023-Ohio-3118. In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant summary judgment...more
Key Takeaway: In Superior Oil Company, Inc. v. Labno-Fritchley, 207 N.E.3d 456 (Ind. Ct. App. 2023), the Indiana Court of Appeals reversed a trial court’s denial of summary judgment in a product liability case. The court...more
When considering whether to acquire a business through an asset sale, it is important for the purchaser to analyze what, if any, of the seller’s liabilities it must assume to continue the seller’s operations. Prudent...more
I. Why It Matters - Implied assumption of risk applies to preclude product liability claims where a plaintiff consents or acquiesces in an appreciated, known, or obvious risk to his or her safety. Importantly, the implied...more
In Griffin v. The Haunted Hotel, Inc. (filed 10/23/15; certified for publication 11/20/15), the California Court of Appeal, Fourth Appellate District, affirmed summary judgment in favor of the defendant haunted attraction...more