When Does Assumption of Risk Apply to Personal Injury Claims?
Assumption of risk may apply to several types of personal injury claims, but premise liability is one of the most common. These claims involve injuries that occurred on another person’s property, like a hotel, store, or office. Defendants in these cases may use assumption of risk as a defense in the following scenarios:
- Warning signs were posted
- “Beware of the dog” signs were posted
- The area was known for hazardous materials
- The injured party participated in extreme sports or activities with known dangers
In addition to premises liability, assumption of risk may apply to medical malpractice, boating accidents, workplace accidents, and rideshare accidents. However, even if you assume the risk of an activity, you may still file a claim if the liable party acted negligently or their conduct was not what you would have expected from the activity. Our seasoned lawyer conducts a detailed investigation to hold the at-fault party accountable and secure fair compensation.
Can You Recover Damages if You Assumed the Risk of an Activity?
If you assumed the risk of a potentially dangerous activity and suffered injuries, you may still recover damages due to Missouri’s pure comparative negligence rule. With this system, each party involved in your claim receives a percentage of the fault for the accident. This percentage gets deducted from each party’s damages. For example, if you are 30% at fault for the accident, your damages get reduced by 30%.
Additionally, there may be exceptions to the assumption of risk principle in personal injury claims, one of which is foreseeability. If you could not foresee the injury you sustained when you participated in an activity or visited someone‘s property, the liable party may not use assumption of risk as a defense. For instance, if you go rock climbing but get hurt due to damaged equipment, the facility may be liable for your injuries because they are responsible for maintaining their equipment. We can help you determine if assumption of risk applies to your claim and accurately calculate its worth to seek the justice you deserve.
Learn More About Assumption of Risk From the Knowledgeable Personal Injury Lawyer at Hollis Law Firm Today
When you go to an amusement park or participate in a potentially hazardous activity, like skydiving or bungee jumping, you assume the risk of foreseeable injury. If you get injured during these activities, the assumption of risk doctrine may impact your claim. At Hollis Law Firm, we understand this concept can be complicated, so we help you navigate the legal process and give you the best chance of achieving a successful outcome.
With our years of experience and top-tier legal services, our personal injury lawyer can take on your claim, regardless of the circumstances. We fight aggressively for your rights and work closely with you to create a personalized plan based on your needs. Give us a call at (800) 701-3672 or fill out our contact form to schedule a free consultation.
