Assumption of the Risk and Misuse in Strict Tort Liability – Prelude to Comparative Fault

Analyzes several state interpretations of strict tort liability along with the history of contributory negligence. The author notes that adoption of the doctrine of strict tort liability was designed to alleviate the more difficult burden of proof required for a claimant to establish a cause of action based on the traditional common law negligence doctrine. Overall, the author believes that assumption of the risk and its misuse in strict tort liability without proving negligence or allowing for user culpability is unfair to all.