---
title: "Record whether assumption of risk reduces or bars the claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-whether-a-risk-meets-the-obvious-risk-description/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-SB20261022-6-US"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record whether assumption of risk reduces or bars the claim

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-whether-a-risk-meets-the-obvious-risk-description/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Record whether a risk meets the obvious-risk description](https://ailawframework.com/practice/personal-injury-and-compensation/record-whether-a-risk-meets-the-obvious-risk-description.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Name the state before you treat an obvious risk as a bar rather than a reduction.
- Article 51 of the New York Insurance Law is the motor-vehicle no-fault article referred to in CPLR § 1411(b).

## Sources

- [New York CPLR § 1411, damages recoverable when contributory negligence or assumption of risk is established](https://www.nysenate.gov/legislation/laws/CVP/1411) (checked 2026-10-22)
- [California Civil Code § 1714, responsibility for wilful acts and for want of ordinary care](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1714.) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*