Assumption of Risk and How it Affects a Personal Injury Case

document explaining What is Assumption of Risk and waiver agreement

When seeking legal help for your accident, whether it be work-related or otherwise, you’ll most likely hear your legal team refer to the “assumption of risk.” The assumption of risk will come up in your case when discussing who is liable for the damages. At Turnbull, Holcomb & LeMoine, PC, we’re here to help you understand the assumption of risk and how it affects your case. Read on to learn more.

What is Assumption of Risk?   

The assumption of risk is a legal doctrine where the plaintiff cannot solely place responsibility on the defendant if the plaintiff was aware of the risk of injury when the accident occurred. This keeps a plaintiff from seeking damages when they voluntarily or knowingly put themselves in dangerous conditions.

In court, the defendant must prove that the plaintiff had knowledge of the risk, expresses acknowledgment of the risk through a verbal or written agreement, or implies they are aware of the risk through words or actions.

The assumption of risk often comes up in premises liability cases, where “Enter at your own risk” or “No trespassing” signs were posted. When signs are posted or waivers are signed, you are acknowledging and accepting the risks at hand.

What if you Signed a Liability Waiver?

Most waivers include an assumption of risk clause, especially when there is an obvious risk, such as extreme sports. A business protects itself with a waiver by fully spelling out the potential or obvious risks involved, whether it’s in a workplace, during a potentially risky activity, or even renting a car, for example.

If an accident or death does occur after signing a waiver, you can seek legal help to explore any options you may have. It is important to read the waivers beforehand to understand the risks.

Consequences of Assumption of Risk 

It is important to know when you agreed to the assumption of risk, as it can affect your case. Risk assumption may keep you from receiving a trial by jury or insurance benefits. An assumption of risk can also keep you from seeking justice from the defendant.

Any type of risk assumption, whether expressed or implied, can unfortunately leave you without the compensation you deserve for medical bills, damages, missed work, pain and suffering, and more.


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If you have been injured, you need trusted legal counsel to handle your personal injury trial – now more than ever.

Our trial lawyers have tackled a wide variety of personal injury cases – and we are eager to put our extensive experience to work for you. Here at Turnbull, Holcomb & LeMoine, PC, we never back down from a challenge. For trial lawyers ready to fight for you, get in touch today!

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