Assumption of Risk

What is an Assumption of Risk?

Assumption of risk serves as a deterrent to tort lawsuits involving slip and fall accidents and auto accidents. It claims that the accident victim (or plaintiff) was aware of the potential hazards but nonetheless chose that course of action.

How Does the Defense of Assumption of Risk Operate?

When you are aware of the hazards associated with a certain action but nevertheless choose to engage in it, you may have a legal defense against a personal injury claim. Imagine, for instance, that you suffered an injury while scaling a rock wall at a neighborhood recreation facility. You probably already know that there is a potential that you will trip and damage yourself before even beginning that activity. But when you began climbing, you accepted that danger. A defendant would attempt to argue that you were aware of the risk of falling and yet did it, which could prevent you from recovering damages from them in a lawsuit.

The assumption of risk defense must be supported by the defendant by showing three things:

  • The plaintiff had actual knowledge of the danger that was involved.
  • The plaintiff understood clearly the risks associated with the threat.
  • The plaintiff deliberately exposed themselves to those risks.

You shouldn’t presume that your claim is barred just because you accepted a knowing risk because every situation is unique. This defense might not apply at all in some circumstances, and it might only marginally reduce the amount of monetary damages you would be eligible for following an accident in other circumstances.

What Exactly Does the Assumption of Risk Requirements Mean?

The requirements of this defense are simple to state, but it can be a little more difficult to interpret them. For instance, the following concerns are crucial:

  • How can you prove that you fully comprehend the risks associated with a certain activity?
  • When is something truly “voluntary,” and when is it not?
  • What exactly constitutes a “danger”?

All of these queries must be addressed in light of the particulars of your circumstance. Even while you can undoubtedly explain what you knew and didn’t know about a certain behavior, this form of defense might nevertheless be successful. As an alternative, “common sense” or what you say to others about the action may be relevant.

For instance, if you inform a buddy that jumping off a building could result in breaking your leg but still do it, that person will probably testify that you were aware of the risk. It will probably be utilized as a part of the defense if a reasonable person realizes that jumping off a building puts you in danger of suffering significant injuries.

Contact an Experienced Personal Injury Lawyer

If you were involved in an accident that was not your fault, make sure you consult with an attorney as soon as possible. 

Your lawyer will make sure you understand your legal rights, and they will fight for you to get the compensation you deserve for your losses.

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