Florida Rules of Civil Procedure

Form 1.972 – DEFENSE. ASSUMPTION OF RISK

Plaintiff knew of the existence of the danger complained of in the complaint, realized and appreciated the possibility of injury as a result of the danger, and, having a reasonable opportunity to avoid it, voluntarily exposed himself/herself to the danger.

Amended by 391 So.2d 165, effective 1/1/1981; added by 211 So.2d 174, effective 10/1/1968.

Committee Notes

1980 Amendment. This form is amended to show the substantive changes caused by the substitution of the doctrine of comparative negligence for contributory negligence. The form is paraphrased from Standard Jury Instruction 3.8.