No matter what you’re doing, any of your daily activities will carry some level of inherent risk. However, certain activities are more dangerous than others, and participating in them means you accept the risks associated with them.
If you have been injured in an accident and are concerned about how the assumption of risk law will affect your case, a personal injury lawyer could help. The experienced Duluth injury lawyers at Brauns Law Accident Injury Lawyers, PC can answer your questions, evaluate your case, and discuss your legal options. Call or contact us online today for a free consultation.
What Is Assumption of Risk in Personal Injury Cases?
In general, all people have a legal duty to exercise reasonable care to avoid injury or harm to others. The legal assumption of risk definition provides an exception to this rule. The law acknowledges that certain activities involve risk, so people who voluntarily engage in these activities do not have the right to hold another person liable if they are injured.
Assumption of risk can be used as a legal defense in personal injury cases. This enables the defendant to argue that the plaintiff was aware of the potential danger of the activity, so the defendant should not be held liable for injuries.
The assumption of risk defense only applies in situations where:
- The injured person voluntarily participated in the activity.
- The injured person was aware of the risk of the same injury that they suffered.
One of the most common examples of how assumption of risk applies to a person’s choices and activities is attending a baseball game. Anyone who watches baseball knows that a ball can get hit into the spectator stands during a game. This means spectators assume the risk of being hit by a ball when they choose to attend a live baseball game.
Types of Assumption of Risk
There are two types of assumption of risk:
- Express – Express assumption of risk occurs when a person is made aware of the risks associated with an activity and states in advance that they will not hold the other party liable if they are injured. An express assumption of risk is usually a signed waiver agreement or contract, but it can also be carried out verbally.
- Implied – An implied assumption of risk occurs when a person accepts the risk associated with an activity by simply participating in it out of their own free will.
There are also two types of implied assumption of risk:
- Primary assumption of risk – Some activities present known or inherent risks. When a person participates in an activity with known or inherent risk, this is a primary assumption of risk. For example, playing basketball at your local park involves the risk of being hit by a ball or falling when you are running. These risks are inherent to the sport, so no one else is liable if you get hurt.
- Secondary assumption of risk – There are some activities in which risk of injury is not inherent or expected but may be present due to specific circumstances. If a person is told about an unexpected risk associated with an activity but chooses to engage in the activity anyway, this is a secondary assumption of risk. For example, let’s say a customer visits a home improvement store to rent a lawnmower. The store manager tells the customer he only has one mower left, but it’s not available for rent because it was sparking during its last use and needs to be inspected. If the customer rents the mower anyway, this is a secondary assumption of risk. If the customer is injured while using the lawnmower and sues the store for negligence, the store could be held partially liable. Although the customer was informed of the risk and still chose to rent the lawnmower, the store had a duty of care to the customer and should not have allowed them to rent it out.
Exceptions to the Rule
There are exceptions to the assumption of risk defense in personal injury cases. These are as follows:
- Unforeseeable injuries – If a person suffers an injury that could not reasonably be anticipated, the assumption of risk defense does not apply. For example, when a person goes rock climbing, the risk of falling is foreseeable. If the person is hit by a car while standing at the bottom of the mountain, the assumption of risk defense is not likely to apply.
- Reckless or intentional behavior – If a defendant was acting recklessly or intentionally and this increased the plaintiff’s risk of being injured, the assumption of risk defense also would not apply. For example, if a rock-climbing instructor was intoxicated while on the job and failed to properly secure a participant’s harness, they would be liable in the event of an accident.
Contact an Experienced Personal Injury Attorney in Duluth, GA Today
Personal injury cases can be complicated, especially when they involve assumption of risk. If you have been injured in an accident in Georgia, contact Attorney David Brauns for the qualified legal counsel you need and deserve.
The team at Brauns Law Accident Injury Lawyers, PC has extensive experience helping those who’ve been injured due to negligence in our community. We know how stressful a severe injury can be and how it could impact your life and livelihood. Our goal will be to help you seek the full and fair compensation you need to rebuild your life and move on from the accident. We represent clients on a contingency-fee-basis, which means you won’t have to pay us anything until we win your case.
Don’t wait until it is too late to get the justice and compensation you’re entitled to. Call or contact us online today for a free consultation.
