Accordingly, the court concluded that there was no issue of fact related to the application of the assumption of risk defense and therefore affirmed the trial court's grant of summary judgment. (atlanta-injury-attorney-blog.com)
However Article 28 (2) of the Implementing Act contains extremely broad language, instructing a court when considering the grave risk defense that it should «consider all circumstances such as those listed below: (international-divorce.com)
Under Georgia law, the assumption of risk defense applies when a defendant proves that «the plaintiff (1) had actual knowledge of the danger; (2) understood and appreciated the risks associated with [the] danger; and (3) voluntarily exposed himself to those risks.» (atlanta-injury-attorney-blog.com)