If you have been hurt as a result of someone else’s negligence or recklessness, you may have grounds to pursue a personal injury case. That does not, however, guarantee that you will. There are a few factors that might make you ineligible, one of which is something called the assumption of risk. Keep reading to find out what it is. Contact The Law Offices of Larry H. Parker for a free legal consultation if you have any questions regarding it or if you have grounds for a lawsuit.
What does “assumption of the risk” mean?
Assumption of the risk shifts culpability for a harm to the individual who actively participated in a dangerous activity, such as some sports. A plaintiff who is deemed to have taken the risk in a personal injury claim in California is barred from recovering damages unless the defendant was highly negligent, behaved willfully, or acted in a fashion that no one could have expected.
Examples of when assumption of the risk could be asserted
The assumption of risk can be used by the defendant in a variety of scenarios. It may be claimed that a plaintiff took the risk when they were wounded in a gym or fitness facility, when they were harmed in a risky employment, or when they suffered a football head injury.
What is the difference between primary and secondary risk assumption?
The harm occurred as part of an activity for which the defendant is not liable for ordinary negligence, according to a basic assumption of the risk. Secondary assumption of risk, on the other hand, includes a defendant who nevertheless owes the plaintiff a duty of care. The jury will decide how much each party was at blame, and the monetary award will be lowered accordingly.
If a person goes to their local garden shop to hire a high-powered mower and the person checking out the renter says the unit cannot be rented due to sparking, this is an example. If the individual continues to insist on renting it, both sides will share some of the blame. While the renter used it knowing there was a risk, the person who rented it to them should not have done so knowing there was a risk.
To learn more about how this may affect your case, contact an attorney.
If you feel you have a personal injury case but are concerned that assuming the risk would reduce your reward, speak with a personal injury lawyer who can address your worries. For a free legal consultation, contact The Law Offices of Larry H. Parker at 800-333-0000.