Murray v. Ramada Inns, Inc.

521 So. 2d 1123, 1988 La. LEXIS 1287

 

RULE:

In any case where the defendant would otherwise be liable to the plaintiff under a negligence or strict liability theory, the fact that the plaintiff may have been aware of the risk created by the defendant's conduct should not operate as a total bar to recovery. Instead, comparative fault principles should apply, and the victim's "awareness of the danger" is among the factors to be considered in assessing percentages of fault. 

FACTS:

The appellee, who was a minor, was injured while diving into a swimming pool and brought a negligence action against the motel. The jury found for the minor and reduced the award according to the rules of comparative fault.  The Court of Appeals presented a certified question of whether the motel's defense of assumption of the risk acted as a bar to the minor's recovery.

ISSUE:

Does the doctrine of assumption of the risk bar the minor's recovery even when he was comparatively negligent?

ANSWER:

No.

CONCLUSION:

The court held that the doctrine of assumption of the risk did not bar the minor's recovery even though he was comparatively negligent.

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