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Risk and personal injury
Pre-existing relationships like those existing between companies and employees establish duty. For instance, companies have a duty to protect their workers from on-the-job harm and personal injury.
In certain instances, an individual may voluntarily assume the risks connected with another persons carelessness or potential negligence. Consent forms for taking part in certain events like sporting events waive the hosts liability in case of personal injury to the athlete. Even in the absence of a signed agreement, implied assumption of risk may at times be used as a defense. Everyone who rides on roller coasters generally have the opportunity to read a posted warning before riding. Electing to take part in spite of the warning may prove implied assumption of risk. When some one uses an obviously defective product in spite of the known defect, the person can be assumed to perceive the risk and consider it worth taking.
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