Guillotte v. Houston General Insurance

Assumption of risk is an affirmative defense.1 The burden of proof is on the defendant. The jury here concluded that Mrs. Guillotte did not knowingly and voluntarily assume the risk of stepping across the wire barring her path at knee level.2 The test to be applied is a subjective one and not the objective reasonable man standard used for contributory negligence. Prosser, Law of Torts, 4th Ed., p. 447. The question is generally within the province of the jury. The jury here heard Mrs. Guillotte’s testimony, saw her physical condition and assessed her capability. Without the benefit of this…