Final answer:
The affirmative defense called 'assumption of risk' is used in negligence cases when a defendant argues that the plaintiff knowingly undertook the risks inherent to a dangerous activity, thereby limiting the plaintiff's right to claim damages.
Step-by-step explanation:
Taking a chance in a potentially dangerous situation can be labeled as an assumption of risk, which is an affirmative defense in a negligence case. This is when the defendant argues that the plaintiff voluntarily and knowingly assumed the risks inherent to a dangerous activity (like riding a ski-lift or working high up on skyscraper girders) and therefore should not be able to claim damages for injuries related to that risk. The concept of assumption of risk can sometimes be confused with contributory or comparative negligence, but it's distinct in that it doesn't necessarily involve the plaintiff's negligence contributing to the injury, but rather their acceptance of known risks.
The concept is often tied to cases involving sports or recreational activities, but can extend to various employment and consumer situations as well—such as when an employee is injured using machinery they were aware was dangerous, or a consumer is hurt using a product with known risks. Understanding the legal implications of the assumption of risk is crucial in determining liability and defense in negligence lawsuits.