Voluntary assumption of risk
54 Voluntary assumption of risk
S. 54 inserted by No. 102/2003 s. 3.
If, in a proceeding on a claim for damages for negligence, a defence of voluntary assumption of risk (volenti non fit injuria) is raised and the risk of harm is an obvious risk, the person who suffered harm is presumed to have been aware of the risk, unless the person proves on the balance of probabilities that the person was not aware of the risk.
Subsection (1) does not apply to—
a proceeding on a claim for damages relating to the provision of or the failure to provide a professional service or health service; or
a proceeding on a claim for damages in respect of risks associated with work done by one person for another.
Without limiting section 47, the common law continues to apply, unaffected by subsection (1), to a proceeding referred to in subsection (2).
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