riskininõude

riskininõude is an Estonian legal term that translates to "claim of risk" or "assumption of risk." It is a defense that can be raised in tort law, particularly in cases of negligence. The core principle behind riskininõude is that an individual who voluntarily and knowingly exposes themselves to a certain risk cannot later sue for damages if that risk materializes and causes them harm.

For the defense of riskininõude to be successful, several conditions must generally be met. Firstly, the plaintiff must have been aware of the specific risk involved. This awareness can be explicit or implied. Secondly, the plaintiff must have voluntarily chosen to encounter that risk. This implies that they had a reasonable choice to avoid the risk but chose not to. Thirdly, the risk must be a foreseeable consequence of the plaintiff's actions or inaction.

This defense is often encountered in contexts such as sports injuries, where participants are generally understood to accept certain inherent risks. It can also apply in situations where individuals engage in inherently dangerous activities. The burden of proof for establishing riskininõude typically lies with the defendant. Courts will carefully examine the specifics of each case to determine if the plaintiff truly understood and accepted the risks they faced. The application of riskininõude aims to prevent individuals from seeking compensation for harm that they knowingly and voluntarily brought upon themselves.