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WPI 21.12 Burden of Proof on the Issues—Assumption of Risk—Implied Primary

6 WAPRAC WPI 21.12Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 21.12 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part III. Issues—Burden of Proof
Chapter 21. Burden of Proof
WPI 21.12 Burden of Proof on the Issues—Assumption of Risk—Implied Primary
To establish the defense that the [person injured] [person killed] impliedly assumed a specific risk of harm, the defendant has the burden of proving each of the following propositions:
First, that the [person injured] [person killed] had knowledge of the specific risk associated with(describe conduct or activity);
Second, that the [person injured] [person killed] understood the nature of this risk; and
Third, that the [person injured] [person killed] voluntarily chose to accept the risk by engaging in(describe conduct or activity)and impliedly consented to relieve the defendant of the duty of care owed to the [plaintiff] [person injured] [person killed] in relation to the risk.
If you find from your consideration of all the evidence that each of these propositions has been proved, then, using 100% as the total combined conduct of the parties (negligence and assumption of risk) which contributed to the plaintiff's damages, you must reduce the total damages you find to have been sustained by the plaintiff, by the percentage of that conduct attributable to the risk specifically assumed by the [person injured] [person killed]. The court will furnish you with a special verdict form for this purpose.
NOTE ON USE
Use WPI 13.03 (Assumption of Risk—Implied Primary) with this instruction.
With this instruction, use a verdict form based on WPI 45.02 (Special Verdict Form—Contributory Negligence—Single Defendant), WPI 45.22 (Special Verdict Form—Personal Injury/Wrongful Death—Single Defendant—Contributory Negligence—No “Empty Chairs”), WPI 45.23 (Special Verdict Form—Personal Injury/Wrongful Death—Single Defendant—Contributory Negligence—“Empty Chairs”), WPI 45.26 (Special Verdict Form—Personal Injury/Wrongful Death—Multiple Defendants—Contributory Negligence—No “Empty Chairs”), or WPI 45.27 (Special Verdict Form—Personal Injury/Wrongful Death—Multiple Defendants—Contributory Negligence—“Empty Chairs”). The verdict form will need to be modified to include assumption of risk.
COMMENT
See the Comment to WPI 13.03 (Assumption of Risk—Implied Primary).
[Current as of September 2018.]
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