assumption of risk doctrine News

Nevada Supreme Orders New Trial in Malpractice Case, Finds Assumption of Risk Was a Bogus Defense

A medical provider defending against a malpractice lawsuit cannot introduce evidence about assumption of risk if the patient acknowledges that she gave her informed consent, the Nevada Supreme Court ruled Thursday. “Informed consent evidence is inadmissible, and an assumption-of-the-risk defense …

Commentary: Major League Baseball Finally Does the Right Thing

Last week, during Major League Baseball’s quarterly owners meetings, the Tampa Bay Rays and the Arizona Diamondbacks announced that they would be adding protective netting in front of the seats along first and third base at their stadiums. In doing …

Commentary: Baseball’s Protection From Litigation Needs to Change

We live in a society that is both risk-averse and litigation-mad. Not surprisingly, these two things go hand in hand. After a handful of crashes involving Toyota Motor Corp. automobiles, said to be the result of sudden acceleration, the company …