Hildebrand v. Minyard

In Hildebrand v. Minyard, 16 Ariz. App. 583, 585, 494 P.2d 1328, 1330 (1972), the Court distinguished contributory negligence from assumption of risk, with the latter being very limited in nature, id. at 584-85, 494 P.2d at 1330, and noted that the standard applied for assumption of risk is subjective, inquiring as to what the plaintiff actually saw, knew, understood, or appreciated about the risk. Id. at 586, 494 P.2d at 1331. The Court further recognized that a plaintiff may assume the risk of negligence of another, when fully informed, but a plaintiff is not bound under the doctrine of assumption of risk to anticipate the negligent conduct of others. Id.