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Edwina went rock climbing, which is a risky activity. Edwina is an experienced rock climber and is aware of the risks. While standing at the
Edwina went rock climbing, which is a risky activity. Edwina is an experienced rock climber and is aware of the risks. While standing at the base of the rock face assembling her gear, a car veered off the roadway nearby, and hit Edwina. Edwina suffered injuries and sued the driver for negligence. The driver claims because Edwina was partaking in rock climbing, a risky activity, she assumed the risk of harm and therefore, the driver raised the defense of assumption of the risk. Based on these facts, will this defense work for the driver?
a yes
b no
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