Acting at one's own risk represents one way of the exclusion or reduction of tort liability. It is closely related to the risk, which the injured party assumes and to the duty of care of a person, who is potentially responsible for the damage. Moreover, it calls into question the carefulness of the conduct of the injured party in relation to oneself. The concept of assumption of risk may be found in various areas, particularly in sport. In cases of assumption of risk, the courts usually make use of the provisions of shared responsibility, which is in accordance with the preventive function of tort law.
This Master's thesis is focused on the comparative legal analysis of different legal approaches to dealing with cases of assumption of risk. Different types and cases of assumption of risk are evaluated from the perspective of American, German and Slovenian law. The presentation is supplemented by the relevant positions that follow from the foreign and Slovenian case law to the topic under consideration. Mentioned is also the principle of justice and its influence on the decisions of the courts in concrete cases.
|
