The voluntary assumption of risk

The voluntary assumption of risk

Overview

Unemployment is something everyone is familiar with. There are hundreds of thousands of people unemployed all over the world and this seems to grow constantly. Countries are faced with high rates of unemployment and growing inflation. In such circumstances, it is natural for a person to avail the first job opportunity that comes his way. Usually, people do not consider the risks associated with that job before they climb on board. This paper discusses something similar. A person who is disabled or out of work due to some reason finds himself in a dire situation and takes the first job available to him. This leads to the thesis statement for this paper:

“In the case of an individual who is out of work and in a dire situation regarding their ability to provide for themselves and their family, can one say that they have truly freely accepted the dangerous work conditions when they accept the position, or does it make sense to say that they have been coerced to accept those conditions due to their desperate financial position?”

Discussion

There are certain terminologies that need to be understood and studied with reference to the subject at hand. The most primary is the voluntary assumption of risk. Usually in the case of personal injury, the defense can raise the legislation of 'assumption of risk' against a lawsuit. The core concept of this doctrine is that the person who is claiming the lawsuit cannot claim damages for the injury because he was aware of the risks associated with the act that led to the injury. In short, this doctrine protects the defendant by claiming that the claimant voluntarily put himself in danger or exposed himself to a dangerous situation deliberately (Pojman, 2000). When the applicant of a ...