How Assumption of Risk Can Affect a Personal Injury Case

March 4, 2022

If you are injured in an accident, there is a good chance that you will file a personal injury claim to seek compensation for your injuries. In order to win your case, it is important to understand how “assumption of risk” can affect the outcome. In this blog post, we will discuss what assumption of risk is and how it can impact your personal injury case.

If you were injured during a risky activity that you voluntarily participated in, do you still have a personal injury case?

Assumption of risk is a legal doctrine that can be used to limit an individual’s personal injury claim. It is a defense that can be raised when it is argued that the injured person voluntarily participated in a risky activity and, as a result, assumed the risks associated with that activity. In other words, if you are injured while doing something that you knew was dangerous, your case may be limited because you assumed the risks involved.

Express Risk and Implied Risk

There are two types of assumption of risk: express and implied. Express assumption of risk occurs when an individual explicitly agrees to assume the risks associated with a particular activity. Implied assumption of risk, on the other hand, occurs when an individual participates in a dangerous activity without explicitly agreeing to assume the risks. An example of implied assumption of risk would be if you were injured while skiing and did not sign a waiver agreeing to assume the risks associated with skiing.

It is important to note that assumption of risk is not a complete defense to a personal injury claim. In order for the defense to be successful, the defendant must prove that the plaintiff knew of the risks involved and still chose to participate in the activity. Additionally, courts have held that assumption of risk does not apply when an individual is injured as a result of someone else’s negligence. For example, if you are injured in a car accident caused by another driver’s negligence, you would not be barred from seeking compensation simply because you knew that driving was potentially a dangerous activity.

Consult a Personal Injury Attorney

If you have been injured in an accident, it is important to speak with an experienced personal injury attorney who can evaluate your claim and advise you of your legal options. An attorney can also help you determine whether the defense of assumption of risk may apply in your case.At Saladino & Schaaf, our experienced personal injury attorneys are here to help. We have successfully represented many clients who have been injured in accidents caused by another person’s negligence.

Contact us today for a free consultation. We can review your case and answer any questions you may have. Contact one of our attorneys today to discuss your case at 270-444-0406 (Paducah) / 270-753-1529 (Murray) or contact us online for a free case evaluation.




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