What is Assumption of Risk in Personal Injury Lawsuits?

Assumption of risk can destroy a plaintiff’s personal injury claim. If a court finds that the plaintiff assumed the risk of being injured prior to his having been injured, it can dramatically reduce or even eliminate any monetary recovery. Because of this, it is very important to understand the concept and analyze whether the other party could claim that you assumed the risk prior to filing your claim.

Assumption of Risk Defined

Assumption of risk occurs when an individual willingly engages in an activity or behavior knowing that it could cause him injury. A party does not need to sign a paper or verbally acknowledge that he is aware of the risks. It is enough that the risks are apparent or generally known to society. This is because it is presumed that an individual without any mental defect would have this same knowledge. Therefore, assumption of risk can occur just by showing up or engaging in an activity.

The Effect of Assuming a Risk

If a plaintiff assumes the risk of injury from participating in an activity or behaving a certain way, the defendant can use that to show that the injury was partially or totally the plaintiff’s fault. If successful in showing that the plaintiff assumed the risk, the defendant maybe able to partially or totally reduce the amount of his responsibility for the injury.

Assumption of Risk in Personal Injury Lawsuits

In a personal injury lawsuit, since assumption of the risk can destroy a plaintiff’s claim, many attorneys will go out of their way to refute the claim prior to it being raised. This eliminates any filings by the parties about the claim that will delay the case from going to court. Often, this preventative measure will be taken by attorneys in the initial filing by the attorney stating that “The plaintiff was unaware that any injury could result”, or from similar wording. Through this statement, the attorney shows that the injured party was not an active participant in an activity that he was aware could cause him harm.

If you or a loved one has been injured speak with an attorney about the possibility of recovering for your medical costs and other expenses resulting from the injury. Make sure to tell the attorney that you were completely unaware that the activity or behavior could actually cause you harm.

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