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What does the assumption of risk defense indicate in an injury recovery action?

  1. Injured party can recover damages if their fault is below 50%

  2. Injured party may not recover damages if the person voluntarily encountered known danger

  3. Injury was caused by an unavoidable accident

  4. The defendant should always be held liable for any injuries

The correct answer is: Injured party may not recover damages if the person voluntarily encountered known danger

The assumption of risk defense in an injury recovery action indicates that the injured party may not be able to recover damages if they voluntarily encountered a known danger. This defense suggests that if an individual willingly accepts and understands the potential risks associated with a certain activity or situation, they cannot later seek compensation for injuries sustained as a result of those risks. This principle aims to uphold personal responsibility and prevent individuals from holding others liable for risks they willingly accepted. Options A, C, and D are not correct because they do not accurately describe the assumption of risk defense. Option A refers to a comparative fault rule, option C mentions an unavoidable accident, and option D suggests that the defendant should always be held liable for any injuries, which are not related to the assumption of risk defense.