IL · jury_instructions
Ill. Pattern Jury Instr. (Civil) 13.01
Assumption of Risk--Contractual Relationship--Burden of Proof
[As to Co unt ____,] The defendant has raised the affirmative defense that the plaintiff
assumed the risk of injury from the danger which the plaintiff claims caused his injury. To prove
this defense, the defendant has the burden of proving each of the following propositions:
First, that the defendant and the plaintiff had [an agreement] [a contract] under which the
plaintiff was to participate in activities which exposed him to the danger that resulted in the
injury of which he complains[,] [namely, describe danger].
Second, that the danger was one that ordinarily accompanies the activities contemplated
in the [agreement] [contract].
Third, that the plaintiff had actual knowledge of this danger and understood and
appreciated the nature and extent of the risk;
Fourth, that the plaintiff voluntarily subjected himself to this danger; and
Fifth, that this danger was the cause of the plaintiff's [alleged] [injuries] [damages].
If you decide that each of these propositions has been proved, then your verdict should be
for the defendant [as to Count ____]. If, on the other hand, you decide that any of these
propositions has not been proved, then the defendant has not proved the affirmative defense of
assumption of the risk.
Provenance
- Source
- illinoiscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-19
- Content hash
1afd8fcc3aedc3a3fc9212f686c0379a7a73088dacaec5d14511153a89f0f81d
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