Hurt in an accident caused by another party’s negligence? You have the right to pursue financial compensation for the complete value of your damages—from medical bills to lost wages to pain and suffering. Of course, getting full and fair compensation in a personal injury claim can be challenging.
Assumption of risk is a common law defense that may be raised by a defendant to absolve themselves against liability. Within this article, our Kansas City personal injury lawyer explains the key things you should know about the assumption of risk and personal injury law.
Assumption of Risk: Defined
The Legal Information Institute defines assumption of risk as a common law defense that holds that a plaintiff (victim) may be barred from recovery on the grounds that they “voluntarily accepted the risk” of certain actions/inactions. The principle acknowledges that certain risks are inherent in specific activities, and participants may implicitly or explicitly consent to incur those risks. Assumption of risk may be raised as a defense to a personal injury claim in Missouri or Kansas.
Understanding Assumption of Risk Through Examples
The concept of assumption of risk can be most easily understood through some general hypothetical examples. Here is an overview:
- Victim Assumes Risk: Imagine a case of a spectator at a baseball game. Baseball games are well-known for the possibility of balls or bats accidentally flying into spectator areas. By choosing to attend the game, the spectator often assumes the risk of being hit by stray equipment. If injured by a foul ball during the game, they may not have a claim for damages.
- Victim Does Not Assume Risk: Working out on your own in a commercial gym involves some inherent injury risk. The facility is not automatically liable if a customer gets hurt. However, if a gym member is injured by a piece of equipment that breaks due to poor maintenance, they have assumed that risk. Gym-goers expect equipment to be safe and properly maintained. That type of injury is caused by negligence.
A Waiver May Be Relevant But is Neither Required Nor Dispositive
While waivers of liability are common in many recreational activities, signing one does not necessarily strip you of all rights to sue if injured. These waivers often attempt to shield service providers from lawsuits, but they are not always enforceable. Factors such as the clarity of the language, the scope of the waiver, and the specific circumstances of the case.
Every Serious Accident Requires a Thorough Investigation
It is essential to conduct a thorough investigation after any serious accident in Kansas City. Injured victims need evidence to prove liability. Among other things, this means obtaining evidence to proactively fight back against any assumption of risk defense that the other side might raise. A top-tier Kansas City personal injury lawyer can help.
Contact Our Kansas City Personal Injury Attorney for a Free Consultation
At House Law LLC, our Kansas City personal injury provides solutions-focused legal advocacy to people hurt in bad accidents. If you have any specific questions or concerns about the assumption of risk, please do not hesitate to contact us today for a no-cost, no-obligation initial consultation. From our Kansas City law office, we handle personal injury cases in Kansas and Missouri.
Tags: brain injury, personal injury, traumatic brain injury
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