Record whether assumption of risk reduces or bars the claim
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the description of the risk and of the person who suffered harm, build a description table. Do not decide whether the risk was obvious or whether assumption of risk applies.
- What the lawyer must review
- New York CPLR § 1411(a) treats assumption of risk as culpable conduct that diminishes damages and does not bar recovery, in the same proportion as contributory negligence. Subsection (b) bars recovery in a personal-injury action subject to article 51 of the Insurance Law when the claimant's culpable conduct is greater than that of the person or persons sued. California Civil Code § 1714(a) excepts injury the person brought on himself or herself willfully or by want of ordinary care. You decide which rule the forum uses. There is no opened national obvious-risk defence of the Civil Liability Act 2002 (NSW) s 5F kind.
- 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.