DE · jury_instructions
Del. P.J.I. Civ. § 10.4
Assumption of the Risk Primary
ASSUMPTION OF RISK (Primary)
[Defendant’s name] has alleged that [plaintiff’s name] voluntarily assumed a
known risk when [he/she/it] [describe alleged risk assumed]. A person who
chooses to take a risk, and who understands or should understand the danger
associated with that risk, cannot recover for damages that result.
[Defendant’s name] must prove by a preponderance of the evidence that
[plaintiff’s name] voluntarily assumed [describe alleged risk of injury] in this case.
If you find that [plaintiff’s name] assumed this risk of injury, then your verdict must
be for [defendant’s name].
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
8fd1a2fb293df707a7b6aef34980e60cabe9647a9bdd37fdbf926b7ecd2ff032
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.