Title V. Penal Code
Chapter 3. Defences.
§ 305. Comparative Fault and Assumption of Risk.
1. When recklessness establishes an element of a crime, the plaintiff's recklessness contributing to the harm sought to be prevented by the law defining the crime shall reduce the damages awarded in proportion to the percentage of the plaintiff's recklessness which contributed to the plaintiff's injury.
2. When negligence establishes an element of a crime, the plaintiff's negligence contributing to the harm sought to be prevented by the law defining the crime shall reduce the damages awarded in proportion to the percentage of the plaintiff's negligence which contributed to the plaintiff's injury.
3. Assumption of risk occurs when the plaintiff voluntarily encounters the defendant's reckless or negligent conduct, and the result which actually occurs is foreseeable.
4. Comparative fault and assumption of risk are affirmative defences.