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Powell and three companions attended a rock concert performed by John Fogerty, a member of
the defunct band Credence Clearwater Revival. Powell sued, claiming that the loud music played
by the performer permanently damaged the hearing in his left ear. Did Powell assume the risk of
injury by attending the concert?
Solution
Powell did assume the risk of injury because it is widely known that rock music is loud and
concertgoers are aware of the risk that their hearing can be damaged from these concerts when
they attend them.

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  • 1. Powell and three companions attended a rock concert performed by John Fogerty, a member of the defunct band Credence Clearwater Revival. Powell sued, claiming that the loud music played by the performer permanently damaged the hearing in his left ear. Did Powell assume the risk of injury by attending the concert? Solution Powell did assume the risk of injury because it is widely known that rock music is loud and concertgoers are aware of the risk that their hearing can be damaged from these concerts when they attend them.