assumption of risk doctrine (Rhode Island) · Go Syfert
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assumption of risk doctrine in Rhode Island

6 Rhode Island opinions name it 2 courts 1980–2014 0 in the last five years

The cases below were cited by Rhode Island courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Pacific Portland Cement Co. v. Bellamygreen
ca9 · 1951 · cited in 2 Rhode Island opinions naming this issue, 1980–1985
2 sentences

1985We have consistently held that a plaintiff who has voluntarily elected one of a number of alternatives “will be held to have assumed the risks attending the choice of such alternative if the other conditions of the assumption-of-risk doctrine are present.” Rickey v. Boden, — R.I. at —, 421 A.2d at 544 ; see Pacific Portland Cement Co. v. Bellamy, 187 F.2d 701, 703 (9th Cir.1951).

1980Pacific Portland Cement Co. v. Bellamy, 187 F.2d 701, 703 (9th Cir. 1951); Roberts v. Guillory, 25 Cal.App.3d 859, 862, 102 Cal.Rptr. 134, 135 (1972).

22
Walker v. Jacksongreen
ri · 1999 · cited in 2 Rhode Island opinions naming this issue, 1999–2002
2 sentences

2002The Court has stated "the doctrine of assumption of risk is an affirmative defense, which, when applicable, operates to absolve a defendant of liability for having created an unreasonable risk." See Walker v. Johnson, 723 A.2d 1115 , 1117 (R.I. 1999) (quoting Ricky v. Boden, 421 A.2d 539 , 543 (R.I. 1980)).

1999See Walker, 723 A.2d at 1117 .

12
Day v. Caslowitzgreen
ri · 1998 · cited in 1 Rhode Island opinions naming this issue, 2014–2014
2 sentences

2014As we have explained, one of the rationales for immunizing tortfeasors under the public-safety officer’s rule is the doctrine of primary assumption of risk. 5 Under this doctrine, public-safety officers “are deemed as a matter of law, [to] assume all *1059 normal risks inherent in their duties when they accept their positions * * Higgins, 35 A.3d at 925 (quoting Day v. Caslowitz, 713 A.2d 758, 760 (R.I.1998) (emphasis added)).

2014Thus, in Rhode Island, “the [public-safety officer’s] rule has not been limited to barring claims based upon the very same alleged negligence * * * that occasioned the officer’s presence at the scene.” Day, 713 A.2d at 760 .

11
Roberts v. Guillorygreen
calctapp · 1972 · cited in 1 Rhode Island opinions naming this issue, 1980–1980
2 sentences

1980Pacific Portland Cement Co. v. Bellamy, 187 F.2d 701, 703 (9th Cir. 1951); Roberts v. Guillory, 25 Cal.App.3d 859, 862, 102 Cal.Rptr. 134, 135 (1972).

1980Pacific Portland Cement Co. v. Bellamy, 187 F.2d 701, 703 (9th Cir. 1951); Roberts v. Guillory, 25 Cal.App.3d 859, 862, 102 Cal.Rptr. 134, 135 (1972).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Rickey v. Boden green
ri · 1980
2 sentences

2002The Court has stated "the doctrine of assumption of risk is an affirmative defense, which, when applicable, operates to absolve a defendant of liability for having created an unreasonable risk." See Walker v. Johnson, 723 A.2d 1115 , 1117 (R.I. 1999) (quoting Ricky v. Boden, 421 A.2d 539 , 543 (R.I. 1980)).

1985We have consistently held that a plaintiff who has voluntarily elected one of a number of alternatives “will be held to have assumed the risks attending the choice of such alternative if the other conditions of the assumption-of-risk doctrine are present.” Rickey v. Boden, — R.I. at —, 421 A.2d at 544 ; see Pacific Portland Cement Co. v. Bellamy, 187 F.2d 701, 703 (9th Cir.1951).

21985–2002
Higgins v. Rhode Island Hospital green
ri · 2012
1 sentence

2014As we have explained, one of the rationales for immunizing tortfeasors under the public-safety officer’s rule is the doctrine of primary assumption of risk. 5 Under this doctrine, public-safety officers “are deemed as a matter of law, [to] assume all *1059 normal risks inherent in their duties when they accept their positions * * Higgins, 35 A.3d at 925 (quoting Day v. Caslowitz, 713 A.2d 758, 760 (R.I.1998) (emphasis added)).

12014–2014
England v. Tasker green
nh · 1987
2 sentences

1989Id.

1989England v. Tasker, 529 A.2d at 940 .

11989–1989

Where else courts name it

NY 313 (1927–2026) CA 206 (1909–2025) IL 55 (1909–2023) PA 45 (1910–2024) OH 42 (1941–2025) GA 39 (1934–2025) MD 34 (1963–2017) MI 29 (1910–2021) MS 29 (1955–2018) MN 28 (1952–2019) WA 26 (1948–2025) IA 24 (1903–2022) KS 23 (1915–2026) LA 21 (1937–2004) MO 20 (1904–1995) VA 17 (1916–2017) CT 16 (1942–2020) TX 15 (1972–2025) AZ 14 (1966–2013) IN 13 (1901–2011) NC 13 (1902–2025) FL 13 (1915–2013) UT 11 (1916–2021) OR 9 (1908–1984) NE 9 (1984–2020) CO 9 (1959–2020) WV 9 (1972–2001) DC 9 (1980–2013) ID 8 (1968–2025) SC 8 (1965–2025) HI 8 (1965–2023) NM 7 (1961–1996) MT 7 (1906–2016) AL 6 (1951–1994) NJ 6 (1911–2026) MA 6 (1907–2015) VT 6 (1912–1994) OK 6 (1913–1997) DE 6 (1978–2022) ND 6 (1923–1990) WY 6 (1967–2012) RI 6 (1980–2014) SD 5 (1935–2008) WI 4 (1949–2024) TN 4 (1928–1998) AR 4 (1932–2019) KY 4 (1952–2005) AK 4 (1968–1991) NH 2 (1924–2010) NV 2 (2017–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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