Civil Litigation & Procedure - Causes of Action - Products Liability - Assumption of the Risk - Superior Court of Pennsylvania

Summary of Pennsylvania Decisions

Hadar v. Avco Corp. 2005 PA Super 326 (September 21, 2005)

Holding: Assumption of the risk, an affirmative defense in a products liability action, is defined as an apprehension of a specific danger, followed by a conscious decision to tempt fate and accept what fate may bring, which then occasions injury. Assumption of the risk is a complete bar to recovery, and courts are reluctant to find assumption of the risk applicable unless it is clear that the specific risk occasioning the injury was both fully appreciated and voluntarily accepted. The appreciation of a general risk is an insufficient basis to grant summary judgment.