Implied Primary Assumption of Risk

Implied primary assumption of the risk is a defense to certain claims. It provides that “if a person voluntarily consents to accept the danger of a known and appreciated risk, that person may not sue another for failing to protect him from it.” Coomer v. Kansas City Royals Baseball Corp., 437 S.W.3d 184, 191 (Mo. 2014). When the risk arises from the circumstances (e.g., from a condition on the defendant’s property or the inherent nature of the defendant’s activity), “implied primary assumption of the risk” completely bars recovery by a plaintiff who knowingly and voluntarily encounters that risk. Krause v. US Truck Co., Inc., 787 S.W.2d 708, 711-12 (Mo. 1990).

The class example of this rule is in sporting events. For instance, “implied primary assumption of the risk precludes recovery for injuries caused by the inherent risk of being hit by a foul ball while watching a baseball game.” Coomer, 437 S.W.3d at 198.