High Court Overturns Assumption-of-Risk Doctrine

The Kansas Supreme Court reversed its own prior case law and overturned the assumption-of-risk doctrine in a decision involving a burn injury to a farm mechanic who was not covered by the Workers' Compensation Act because of the state's agricultural exemption.The high court said the doctrine, which bars recovery to an employee who voluntarily exposes himself to an attendant risk, is no longer valid in Kansas because the state Legislature has adopted a comparative risk standard in tort claims. Other states that have adopted comparative risk standards have also abolished the assumption-o...