Any activity that bears some semblance of unsafety also carries some assumed risk. Therefore, under the federal rules of civil procedure, the assumed risk law is an affirmative defense.
Thus, the defendant in a negligent action must prove the plaintiff's knowledge of a dangerous activity. Further, the evidence must show that the plaintiff willingly exposed himself and others to danger.
The following facts require prooving before the honorable court if the doctrine must succeed:
That the plaintiff was fully aware of the associated risks involved before consenting.
The plaintiff expressly or implicitly agreed (verbally or written) to be engaged in the risky activity.
From a reasonable man's point of view, the plaintiff's injury or loss was predictable.
Therefore, the plaintiff cannot sue for damages if liable based on injury sustained in the cause of action.