MBE Rules · Torts
Primary Assumption of Risk
Primary assumption of risk (Knight)
The rule
In sports and co-participant activities, defendants owe no duty to protect against risks inherent in the activity — liability requires intentional injury or reckless conduct outside the range of ordinary activity; secondary assumption merges into comparative fault.
In plain English
Primary assumption of risk means that when participants engage in sports or similar activities, they accept the inherent risks associated with those activities. Defendants are not liable for injuries that occur from these normal risks unless they acted intentionally or recklessly beyond what is expected in the activity.
Worked example
During a basketball game, a player aggressively goes for a rebound and accidentally collides with another player, causing injury. The injured player cannot sue for negligence because the risk of injury from physical contact is inherent in the game. Therefore, the defendant is not liable.
Memory hook
In sports, you play, you pay—know the risks you take!
The trap
Exams may present scenarios where students confuse inherent risks with negligence, leading them to incorrectly assume liability exists. Watch for language that suggests recklessness or intentional harm to avoid this pitfall.
How examiners test it
Questions often involve fact patterns from sports or recreational activities, focusing on whether the injury arose from inherent risks or from actions that exceeded ordinary conduct.
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