Property and Casualty Insurance Practice Exam

How can an employer deny liability under the Assumption of Risk doctrine?

1. By proving negligence on the employee's part

2. By showing the employee was aware of risks before employment

3. By adhering to safety regulations at the workplace

4. By offering additional training to employees

The correct answer is: By showing the employee was aware of risks before employment

The Assumption of Risk doctrine provides a defense for employers against liability claims when an employee knowingly accepts the risks associated with their job. When an employer aims to deny liability under this doctrine, demonstrating that the employee was aware of and understood the risks before accepting the job is crucial. This can encompass the risks that are inherent to the job itself or those that are prevalent in the workplace environment. If it can be established that the employee was informed about these risks and chose to proceed with the employment nonetheless, it indicates that the employee assumed those risks voluntarily. In this context, other options would not effectively support a denial of liability under the Assumption of Risk doctrine. Proving negligence on the employee's part focuses on the employee's actions rather than their understanding of risk. Adhering to safety regulations is essential for a safe workplace but does not automatically eliminate the employee's assumption of risk, especially if they were aware of inherent dangers. Lastly, while offering additional training is beneficial, it doesn't necessarily establish that the employee understood and accepted the risks prior to employment. Thus, demonstrating pre-employment awareness of risks is the key to denying liability under this doctrine.