{"id":5182,"date":"2016-05-19T13:47:51","date_gmt":"2016-05-19T13:47:51","guid":{"rendered":"https:\/\/www.mullenandmullen.com\/what-is-assumption-of-risk\/"},"modified":"2023-10-03T12:19:46","modified_gmt":"2023-10-03T12:19:46","slug":"what-is-assumption-of-risk","status":"publish","type":"post","link":"https:\/\/www.mullenandmullen.com\/personal-injury-lawyer\/articles\/what-is-assumption-of-risk\/","title":{"rendered":"What is Assumption of Risk and why should you care?"},"content":{"rendered":"
In any potential injury situation, the defendant may be able to use an \u201cassumption of risk\u201d defense. Learn what it is and how it works.<\/strong><\/span><\/p>\n About Assumption of Risk<\/span><\/strong><\/span><\/p>\n It\u2019s easy to think that, based on what you see on the news and investigative reporting, most personal injury claims are frivolous.<\/p>\n The truth? Some certainly are. That\u2019s just a fraction though.<\/p>\n But most aren\u2019t. Again, the media distorts our reality.<\/p>\n Legally, there is a defense the other party can use called \u201cthe assumption of risk<\/a>.\u201d<\/p>\n This means that if you \u201cknew, or should have known\u201d something was dangerous or wrong, you can\u2019t recover money for your injuries.<\/p>\n So let\u2019s say you\u2019re at your friend\u2019s house in the winter, and you decide it\u2019s a good idea to sled off the roof into a snow bank. You can\u2019t sue them if you break an arm. Or if you go hiking together and you severely sprain your ankle, you can\u2019t sue them for the damages.<\/p>\n Let\u2019s say you and your friend go to an amusement park for the day. There\u2019s a towering roller coaster, and you both agree that it looks like fun.<\/p>\n So you go on. You get tossed and thrown about. Your head hurts a little. You have a minor headache. Under the \u201cassumption of risk\u201d defense, you wouldn\u2019t be able to sue the amusement park.<\/p>\n However, if the roller coaster was negligently maintained, and you experienced a severe concussion<\/a>, then you likely have a case. Basically, if something unexpected happens, you could hold the amusement park responsible for that.<\/p>\n In most cases, you won\u2019t be able to sue the company, or in this case, amusement park. However, there are some situations where that defense breaks down.<\/p>\n And those situations are:<\/p>\n With express assumption of risk, you sign a contract, just like we talked about. However, implied gets a little murkier.<\/p>\n For example, your friend visits you during winter. When they call, you tell them, \u201dBe careful, my driveway\u2019s icy.\u201d<\/p>\n \u201cOk,\u201d they say.<\/p>\n Assumption of risk is considered \u201cimplied\u201d once they verbally acknowledge the risk.<\/p>\n However, if they don\u2019t clearly acknowledge they understood what you said, the \u201cassumption of risk\u201d defense may not hold up in court.<\/p>\n Slip and fall claims<\/a> often involve arguments of Assumption of Risk.<\/p>\n Suggested Reading<\/span><\/strong><\/p>\n Do posted signs prevent you from suing for injury?<\/a><\/p>\n What you need to know about accidents in the United States<\/a><\/p>\n 4 auto accident situations that require an attorney<\/a><\/p>\nWhen Does Assumption of Risk Fail as a Defense?<\/h3>\n
What If You Sign a Contract Agreeing Not to Sue?<\/h3>\n
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What is Express Versus Implied Assumption of Risk?<\/h3>\n