Smith v. NT Nails, LLC’s Empirical Analysis

Citation profile

5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Assumption of the risk bars a plaintiff's recovery when a defendant establishes that a plaintiff, without coercion of circumstances, chooses a course of action with full knowledge of its danger and while exercising a free choice as to whether to engage in the act or not. In order to successfully assert this affirmative defense, the defendant must establish that the plaintiff (1) had actual knowledge of the danger; (2) understood and appreciated the risks associated with such danger; and (3) voluntarily exposed [herself] to those risks.”

   1 later decision quote this exact passage
   e.g. Naval Store Suppliers, Inc. v. Croft

2. “If an invitee knows of the condition or hazard, she has as much knowledge as the proprietor does and then by voluntarily acting in view of her knowledge, she assumes the risks and dangers incident to the known condition.”

   1 later decision quote this exact passage
   e.g. Naval Store Suppliers, Inc. v. Croft

3. “it might have been socially awkward or inconvenient for [the plaintiff] to insist upon waiting until the [rolling door was unlocked]; but there is no evidence of anything preventing her from doing so.”

   1 later decision quote this exact passage
   e.g. Naval Store Suppliers, Inc. v. Croft