After drinking beer for about two hours they were

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“beering” and then headed to a dance. After drinking beer for about two hours they were both intoxicated and still proceeded to get in the car and drive to their next destination. An accident occurred as the result of J's gross negligence and the plaintiff sustained serious injury. Because the plaintiff got into the car knowing that that the driver had been drinking, he assumed the risk and gave consent to riding in the car with a drunk driver. The defense argued that because the plaintiff got in the car willingly, and knowing that the driver was drink, he assumed the risk “to relieve a drunken driver from responsibility for damages caused to a gratuitous passenger as a result of the driver's gross negligence”. This is a similar situation as the King case. Once Justin got on the road and knowingly drove on the highway without a helmet, he assumed the risk of injury in the event of an accident since he appeared to be at fault for the accident. Had he be struck from behind, then maybe he could argue the defense, but in this case it appears to be evident that Mr. King needs to assume the risk of injury.
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RESEARCH AFFIRMATIVE DEFENSES 3 Miller v. Decker , ; [1957] S.C.R. 624 (February 28, 1957)
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