Check a failure-to-warn allegation against assumption of risk
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the warning allegation and the risk described in the file, list the facts that go to assumption of risk or to the injured person's own want of ordinary care. Do not decide that a warning was owed or that the claim is reduced.
- What the lawyer must review
- New York CPLR § 1411(a) includes assumption of risk in the culpable conduct that diminishes, and does not of itself bar, damages. Subsection (b) can bar a personal-injury claim subject to article 51 of the Insurance Law where the claimant's culpable conduct is greater. California Civil Code § 1714(a) keeps the exception where the injured person brought the injury on himself or herself. You decide whether a warning was required and what the reduction or bar is. Do not apply the obvious-risk warning limit in Civil Liability Act 2002 (NSW) unless that Act is the law of the forum, which it is not in these two states.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.