Assumption of the Risk in Personal Injury Claims

If you sustained an injury due to someone else’s negligence, you may be able to recover damages from the liable party in a civil lawsuit. Even so, the responsible party has an opportunity to defend themselves.

While many strategies are in play, many defendants use the assumption of risk to shift blame to the injured party. Assumption of risk is a legal doctrine that limits your ability to sue the defendant if you willingly took on the danger leading to your injuries.

If you’ve sustained an injury and the defendant claimed you willingly took on the risk, consult a trusted personal injury attorney about your legal options.

How Does Assumption of Risk Work?

Assumption of risk is a provision in law that may affect your personal injury claim if you get hurt due to someone else’s negligent acts or omissions. Most defendants try to introduce it as a tactic in personal injury claims.

If the defendant proves that you knowingly exposed yourself to the risk of injury, you may not be able to recover compensation for your losses.

Certain activities are known to be naturally dangerous— for example, if you go rock climbing, you risk falling. So, when an action is inherently dangerous, you knowingly take a risk by participating.

Therefore, if you intentionally and purposely take a chance of injuring yourself, it becomes more difficult or impossible to hold a defendant liable for specific injuries.

The assumption of risk mainly applies to known dangers. Suppose you believe you could sustain particular injuries by participating in an activity or engaging in an action, and that injury happens. In that case, you cannot recover damages for the resulting damages.

Express and Implied Assumption of Risk

Assumption of risk occurs in two ways:

• Express Assumption of Risk: Sometimes, you can expressly assume the risk of something going wrong by signing a contract or a waiver. For instance, if you go surfing, a tour company may require you to sign a waiver absolving them of the liability of drowning.
• Implied Assumption of Risk: In other instances, you don’t have to sign a contract to accept certain dangers; however, it is clear that you knowingly enter a high-risk activity with the potential hazards that could result. By voluntarily choosing to do a risky thing, you assume its risk.

A note: While you may assume that signing a contract or a waiver denies you the right to sue, that’s not always the case. Personal injury laws differ when people or companies can pass the risk to other individuals.

Speak to an Experienced Personal Injury Attorney to Discover Your Options

Most injuries make life more difficult; you’ll have to cope with mounting medical bills, emotional anguish, chronic pain, and lost productivity. While you may be entitled to compensation, the defendant can shift the blame on you, denying you damages.

Consider engaging an experienced personal injury attorney from The Barnes Firm who will help enhance your chance of a successful claim against the defendant.

Contact us online or call us at (800) 800-0000 for a free case evaluation.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
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