Assumption of risk requires that the injured person knew of the risk and voluntarily assumed it. The risk can be assumed by express agreement or implied by the plaintiff’s knowledge of the risk and subsequent conduct. Sometimes a defense can be based on a liability waiver or an exculpatory clause. Review the following case, Cole v. Boy Scouts of America, Indian Waters Council, Pack 48, by clicking the following link: Cole v. Boy Scouts of America.
https://caselaw.findlaw.com/court/sc-supreme-court/1587380.html
Identify the four elements of negligence. Explain the reasonable person standard and how it applies to this case. How is the assumption of risk a defense? Define comparative negligence. Could comparative negligence apply to this case? If the Boy Scouts of America required a liability waiver prior to any sporting activities, do you think that it would have released them from liability? Even if there was no obligation, would there be an ethical duty of the location where the game was played to post a warning sign? Do you agree or disagree with the outcome of this case? Why?