Same facts as in Question 4. If Dan’s claims Pat assumed the risk of injury, and this is a “secondary” assumption of risk type of case, which of the following statements is accurate?
A. Pat will recover nothing only if the risk was inherent in the activity and Dan’s was merely careless.
B. Pat will recover nothing only if the risk was inherent in the activity and Pat appreciated the risk and voluntarily decided to confront it.
C. Pat will recover nothing only if she appreciated the risk and voluntarily confronted it.
D. Pat’s recovery will be reduced only if she appreciated the risk and voluntarily confronted it.
Answer:D
Same facts as in Question 4. If Dan’s claims Pat assumed the risk of injury, and this is a “secondary” assumption of risk type of case, which of the following statements is accurate?
A. Pat will recover nothing only if the risk was inherent in the activity and Dan’s was merely careless. B. Pat will recover nothing only if the risk was inherent in the activity and Pat appreciated the risk and voluntarily decided to confront it. C. Pat will recover nothing only if she appreciated the risk and voluntarily confronted it. D. Pat’s recovery will be reduced only if she appreciated the risk and voluntarily confronted it.