Is the assumption of risk defense applicable for airlines in lawsuits from injured passengers?

• A. Yes, always applicable
• B. No, airlines cannot use this defense
• C. Yes, but only if the passenger signed a waiver
• D. No, only in negligence cases

Answer: (B)

In personal injury cases involving airlines and injured passengers, the assumption of risk defense is generally not applicable. This defense relies on the idea that a person voluntarily exposes themselves to a known danger and therefore cannot seek compensation for resulting injuries.

However, in the context of aviation, passengers typically do not assume risk in the same way that might apply in other scenarios, such as contact sports. While passengers may acknowledge certain risks when flying—like turbulence or minor inconveniences—airlines have a duty of care to ensure that they meet safety standards and regulations. They are also responsible for providing a safe environment for their passengers throughout the duration of the flight.

This responsibility means that if an airline is found to be negligent, simply claiming that a passenger assumed the risk may not stand up in court. Courts prioritize the obligations of airlines to maintain a safe experience for passengers over the idea that someone accepts inherent risks associated with flying.

In summary, airlines are not permitted to use the assumption of risk defense in lawsuits from injured passengers because the responsibility for safety primarily lies with the airline, not the passenger.