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The Importance of Understanding Assumption of Risk in a Personal Injury Case

Personal Injuries / November 22, 2023

Getting hurt due to another person’s irresponsible behavior can be challenging to experience, as this can easily lead to expensive medical bills and time taken away from responsibilities to heal. However, you may have heard about the phrase “assumption of risk” while navigating through this difficult situation. Understanding specific legal terms and how they might impact your claim is essential, as they can easily change how much compensation you can collect.

What is the assumption of risk? In short, the phrase means that an individual has knowingly and willingly put themselves in a dangerous situation that could lead to injury. Waivers and release of liability forms are commonly used in these situations, but they are not used in all circumstances that potentially lead to bodily harm. However, several factors impact whether the assumption of risk actually applies to your case. If you want assistance with your claim, please contact Hollis Law Firm for aid in receiving fair compensation.

What Is Assumption of Risk?

Assumption of risk implies that a plaintiff in a legal situation has knowingly and willingly put themselves in a risky position that might lead to injuries. For example, water skiing behind a motor boat may be dangerous and result in bodily harm, even if the driver doesn’t make a mistake while guiding you. In these and other risky situations, you may be asked to sign a liability waiver acknowledging the potential dangers.

However, the assumption of risk might not apply in situations where there are new dangers you were not warned about. For instance, if you are riding a roller coaster and the seat bar malfunctions, you may be vulnerable to additional injuries you couldn’t have assumed would be a risk.

If there are additional phrases you want to understand in conjunction with your injury case, speak with your lawyer. To retain legal assistance, we recommend you contact Hollis Law Firm for more information. We can help you by explaining complex legal terms in an easier-to-understand way so that you can feel equipped and confident during your legal matters.

Why Is Assumption of Risk Important in Personal Injury?

Understanding the assumption of risk during your personal injury claim is essential, as its presence can quickly diminish the compensation you would otherwise be entitled to collect. If the defendant successfully argues your assumption of risk in a potentially dangerous space, they may no longer carry liability. This means you may not receive any compensation for your injuries or losses.

For example, there is an assumption of risk associated with using a hair curling iron. The possibility of getting a topical burn in certain areas, like your neck, face, or hands, may fall out of their liability. But if you were using the tool as intended and it got far hotter than advertised or expected, increased severity in injuries might fall under the liability of the manufacturer.

How Can Comparative Fault and Assumption of Risk Harm Your Claim?

Depending on your case’s circumstances, the defendant you accuse of causing harm may be partially responsible for your losses. For example, there might be an assumption of risk associated with driving a car above the legal speed limit. If a seatbelt breaks at the moment of collision, the seatbelt manufacturer could partially argue the assumption of risk.

The speeding driver likely wouldn’t be able to receive compensation for all their losses by holding the seatbelt manufacturer liable. However, the driver could claim their injuries were worse because their seatbelt didn’t function as expected. This driver might be able to receive compensation for 50% of their losses if the manufacturer is found to be 50% liable.

However, Kansas has a 50% liability rule, meaning that someone who carries the majority of the responsibility for causing the injuries will not be able to collect compensation. Depending on how effectively someone can argue the assumption of risk in your case, your compensation could be impacted similarly.

Hollis Law Firm’s Personal Injury Lawyer Can Help You Receive Fair Compensation

Facing significant injuries because of someone else’s carelessness can be overwhelming, even when the assumption of risk plays a role in your situation. You shouldn’t have to navigate these complex legal waters by yourself. By choosing Hollis Law Firm, you secure skilled legal backing during challenging moments. Our history is marked by securing exceptional compensation for our valued clients.

Don’t hesitate to contact our dedicated team of attorneys for a free, no-obligation consultation. During this consultation, we’re here to address any concerns or questions you may have. Give us a call at (800) 701-3672 or use our contact form, selecting the method that’s most convenient for you.