Assumption of risk is a legal concept that may apply in these situations; it’s the idea that a person is aware of the associated risks with the activity and chooses to do it anyway. When this theory applies, it prevents the injured party from holding anyone accountable for their injuries.

What Is Assumption of Risk

An assumption of risk is a legal doctrine where the injured party cannot place sole responsibility on another individual if the injured party was aware of the potential for harm when participating in the activity. Visit - What is assumption of risk? Simple Definition & Meaning · LSD.Law - for the assumption of risk simple definition.

This prevents claims from being filed when individuals knowingly or voluntarily put themselves in dangerous situations. 

The defendant must prove in court that the plaintiff knew the risks involved and expressed their knowledge either through written or verbal agreement or implied their awareness through words or actions.

Express assumption of risk

Express assumption of risk applies when a person signs a waiver before engaging in a dangerous activity. In this situation, the individual expressly acknowledges that they are aware of the potential hazards. There is often a waiver of liability to be signed stating that those participating agree to do so despite the known risks 

Regardless of signing the express assumption of risk agreement, it’s still possible to sue in certain situations. 

For those joining a gym to start a wellness program, there’s usually a liability waiver acknowledging that the user is aware of the dangers associated with using gym equipment. When the individual signs, they agree that they assume the risk that they can get hurt while at the gym.

Still, there are instances where you can bring a claim even when an express assumption of risk is signed. 

You may be exposed to a different risk than you were aware of. For instance, if the equipment is defective at the gym and you’re hurt, you may be able to recover damages since the risk you agreed to isn’t the one you were exposed to.

Implied assumption of risk

You can also knowingly participate in a dangerous activity and have an implied assumption of the risk. There’s no written or verbal agreement in this situation, but the individual knows there’s a risk and decides to join in the activity regardless.

For instance, many people play sports, such as baseball without signing a waiver; they will simply pick up the ball and bat to show their desire to join the game. This creates the implied assumption that the person knows there’s a chance they could be injured in what’s known to be a hazardous activity.

Primary implied assumption

When an individual accepts a risk but understands that the other party has no duty for their safety, the legal theory is a primary implied assumption of the risk. An example would be attending an event as a spectator, such as a concert or sports.

In baseball, for instance, if a stray ball or bat flies into the stands, this is not something those in charge of the event would be held liable for. The spectators are made aware of this risk when buying tickets with a disclaimer on the back of the ticket. You have a choice not to attend based on this risk.

Secondary implied assumption of risk

With secondary duty of care, the other party owes a duty of care to the person participating in the activity. The individual joining in the activity, however, understands the risks and voluntarily accepts them. 

Someone who decides to sky dive understands the dangers associated with the activity but decides to take part anyway. Still, the sky diving experts hired to take you sky diving still owe a duty of care to those who participate. 

With secondary implied assumption of the risk, an injured party may have a claim for damages when they are hurt due another participant’s negligence or intentional act, outside the professional teaching the class.

Modified comparative negligence

When the other party owes a duty of care as in a secondary implied assumption of the risk, the jury will look at the entire case and consider comparative negligence, possibly allowing the injured party a partial recovery despite accepting some risk.

The jury compares the other individual’s negligence against the assumed risk and decides what’s fair and what should be recoverable for the injuries sustained.

The assumption of risk according to Nevada negligence law is an affirmative defense, meaning it’s something the defense must raise in response to a claim brought against them. An argument of this sort introduces evidence to negate liability regardless of whether negligence is proven.

If raised as a defense, they have the burden of proof that you assumed the risk. The jury will ultimately decide if the criteria for the assumed risk has been met. Click here for expert tips for achieve a successful personal injury settlement.

Unable to assume the risks

Risk cannot be assumed when mandatory public education or emergency medical services are involved. You further cannot assume risk despite signing a waiver if someone purposely does thing to hurt you.

For instance, if you sign a liability waiver when joining the gym, but the owner doesn’t secure the weights on your barbell, you can still bring a claim to recover damages. The burden of proof will be on you to show that not securing the weights was an intention act.

Final Thought

The assumption of risk is an issue that can arise in a personal injury case. It’s one of many that a skilled attorney with the esteemed firm of Friedman Injury Law will explore the theory to see if it prevents you from bringing a successful claim for damages.

These professionals will help you move forward, taking the right steps to prepare the case and strive for the best recovery possible.