The concept of assumption of risk is a fundamental principle in tort law. It essentially means that if a person voluntarily exposes themselves to a known danger, they may not be able to hold another party liable for any resulting injury or damage. The decision to purchase or reside on property adjacent to a known hazard is often cited as a classic example of this doctrine.
The Golf Course Standard
A perfect real estate application of the assumption of risk doctrine is living on a golf course. When a homeowner chooses to buy a house bordering a golf fairway, they are accepting the inherent risks that come with the property. If a golfer hits a ball that sails off course and breaks a window, the homeowner is generally prohibited from suing the golfer for the damage. The law presumes the homeowner understood that errant golf balls are a natural and expected part of living next to the course and, by moving there, they assumed that risk.
When Assumption of Risk Does Not Apply
It is important to understand that the assumption of risk defense has limits. The protection for the defendant (the golfer, in this case) only applies to ordinary and foreseeable risks. It does not cover reckless or intentional conduct that goes beyond the bounds of the assumed activity.
For example, if a golfer were to intentionally tee up and aim a ball directly at a window, or if someone were to use an item that poses an extreme, unpredictable danger (like a potato gun firing projectiles at an excessive speed), the defendant would likely face liability. Such actions introduce a level of risk the homeowner or victim could not reasonably have been expected to assume. In these extenuated circumstances, the defendant's conduct is no longer protected by the doctrine.
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