2009 Nebraska Code
Chapter 25 COURTS; CIVIL PROCEDURE
25-21,185.12 Civil actions to which contributory negligence is a defense; assumption of risk, defined; affirmative defense.
Assumption of risk is an affirmative defense. Assumption of risk shall mean that (1) the person knew of and understood the specific danger, (2) the person voluntarily exposed himself or herself to the danger, and (3) the person's injury or death or the harm to property occurred as a result of his or her exposure to the danger.
Laws 1992, LB 262, § 6.
AnnotationsBefore the defense of assumption of risk is submissible to a jury, the evidence must show that the plaintiff (1) knew of the specific danger, (2) understood the danger, and (3) voluntarily exposed himself or herself to the danger that proximately caused the damage. Pleiss v. Barnes, 260 Neb. 770, 619 N.W.2d 825 (2000).
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