What Is Assumption of Risk?
Assumption of risk is a legal defense stating that a plaintiff who knowingly and voluntarily accepted a known danger cannot recover damages for injuries caused by that danger. Courts apply it in two forms: express assumption of risk, created through a signed waiver, and implied assumption of risk, shown through a person’s conduct in a hazardous activity.
What Are the Two Types of Assumption of Risk?
The two types of assumption of risk are listed below.
- Express assumption of risk — accepted in writing through a signed waiver or release before the activity begins.
- Implied assumption of risk — shown through a person’s actions, such as voluntarily entering a hazardous activity with knowledge of its 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.
Does Assumption of Risk Bar Recovery?
Yes, assumption of risk can bar recovery entirely in some jurisdictions, or reduce compensation under comparative negligence rules. In pure contributory negligence jurisdictions, any degree of an injured person’s own fault — including an accepted risk — can eliminate their claim.
Is assumption of risk the same as comparative negligence?
No, assumption of risk and comparative negligence are separate legal doctrines. Assumption of risk asks whether a person knowingly accepted a specific danger, while comparative negligence apportions fault and reduces compensation based on each party’s percentage of responsibility.
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.
