assumed or incurred risk doctrine (Arizona) · Go Syfert
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assumed or incurred risk doctrine in Arizona

5 Arizona opinions name it 2 courts 1962–1973 0 in the last five years

The cases below were cited by Arizona 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 (1)

CaseFollowedCited
Terry v. BOSS HOSTEL, INC.green
mo · 1964 · cited in 2 Arizona opinions naming this issue, 1966–1969
2 sentences

1969In Holliday , we quoted with approval from Terry v. Boss Hotels, Inc., 376 S.W.2d 239, 248 (Mo.1964): “ ‘The circumstance in which reliance on the doctrine of assumed or incurred risk will be approved are exceptional.’ ” 3 Ariz.App. at 18, 411 P.2d at 191 .

1966The Missouri Supreme Court said in this case: “The circumstance in which reliance on the doctrine of assumed or incurred risk will be approved are exceptional.” 376 S.W.2d 239, 248 (1964).

22

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Miller v. George F. Cook Construction Co. green
ariz · 1962
2 sentences

1969As in Holliday , we distinguish the fact situation here from cases like Miller v. George F. Cook Construction Co., 91 Ariz. 80 , 370 P.2d 53 (1962), by reason of the lesser apparency of the risk.

1969As in Holliday , we distinguish the fact situation here from cases like Miller v. George F. Cook Construction Co., 91 Ariz. 80 , 370 P.2d 53 (1962), by reason of the lesser apparency of the risk.

21968–1969
Lunsford v. Tucson Aviation Corp. green
ariz · 1952
2 sentences

1968Miller v. George F. Cook Construction Co., 91 Ariz. 80 , 370 P.2d 53 ; Lunsford v. Tucson Aviation Corp., 73 Ariz. 277 , 240 P.2d 545 , 73 A.L.R.2d 358 n, 382 n.

1968Miller v. George F. Cook Construction Co., 91 Ariz. 80 , 370 P.2d 53 ; Lunsford v. Tucson Aviation Corp., 73 Ariz. 277 , 240 P.2d 545 , 73 A.L.R.2d 358 n, 382 n.

21962–1968
Bryant v. Thunderbird Academy green
ariz · 1968
2 sentences

1973In Bryant v. Thunderbird Academy, 103 Ariz. 247 , 439 P.2d 818 (1968), our Supreme Court discussed the matter of assumption of risk and stated: “To invoke the doctrine of assumed or incurred risk, it is essential that the risk or danger shall have been known to and appreciated by plaintiff or that it shall have been so obvious that it must be taken to have been known or comprehended.” 103 Ariz. at 249 , 439 P.2d at 820 .

1973In Bryant v. Thunderbird Academy, 103 Ariz. 247 , 439 P.2d 818 (1968), our Supreme Court discussed the matter of assumption of risk and stated: “To invoke the doctrine of assumed or incurred risk, it is essential that the risk or danger shall have been known to and appreciated by plaintiff or that it shall have been so obvious that it must be taken to have been known or comprehended.” 103 Ariz. at 249 , 439 P.2d at 820 .

11973–1973
City of Tucson v. Holliday green
arizctapp · 1966
1 sentence

1969In Holliday , we quoted with approval from Terry v. Boss Hotels, Inc., 376 S.W.2d 239, 248 (Mo.1964): “ ‘The circumstance in which reliance on the doctrine of assumed or incurred risk will be approved are exceptional.’ ” 3 Ariz.App. at 18, 411 P.2d at 191 .

11969–1969

Where else courts name it

AZ 5 (1962–1973) IN 2 (1965–1970) TX 2 (1951–1952)

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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