M Civ JI 13.06 Assumption of Risk [ No Instruction Prepared ]

Comment

The committee has prepared no instruction on “assumption of risk.”

Since Felgner v Anderson, 375 Mich 23; 133 NW2d 136 (1965), was decided, the doctrine of assumption of risk has applied only in cases between employee and employer for injuries incurred in the course of employment where the statutory bar of the Worker’s Disability Compensation Act is not applicable, and in cases where it is claimed there has been an express contractual assumption of risk.

These situations arise infrequently and the principles involved have not been sufficiently defined to permit the drafting of appropriate instructions.