What is Assumption of the Risk and How Might it Affect Your Personal Injury Case?

If you are injured due to someone else acting negligently or recklessly, there is a chance you have grounds to file a personal injury lawsuit. However, that does not mean that you automatically will. There are several things that could render you ineligible, including something known as the assumption of the risk. Continue reading to learn what it is. If you have questions about it or whether or not you have grounds for a lawsuit, contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.

The Definition of “Assumption of the Risk”

Assumption of the risk moves the liability for an injury to the person who engaged voluntarily in a risky activity, including certain sports. A plaintiff who is found to have assumed the risk in California cannot recover money for a personal injury lawsuit unless the defendant was grossly negligent or acted intentionally or the defendant acted in a way that no one could have predicted.

Examples of Situations in Which Assumption of the Risk Might Be Asserted

There are many situations in which the defendant might assert the assumption of the risk. For example, when a person is injured at a gym or fitness center, when they are injured in a dangerous workplace, or if they suffer a football head injury, it might be argued that the plaintiff assumed the risk.

The Difference Between Primary and Secondary Assumption of the Risk

In a primary assumption of the risk, the injury was part of an activity that the defendant does not have liability for ordinary negligence. On the other hand, secondary assumption of risk involves a defendant who still owes a duty of care to the plaintiff. The jury will determine how at fault each party was and the monetary award will be reduced by that amount.

For example, if a person goes to their local garden center to rent a high-powered mower and the person checking out the renter says the unit cannot be rented due to sparking. If the person still insists on renting it, both parties would be partially at fault. While the renter did use it knowing there was a danger, the person that rented it to them should not have rented it to them knowing it was dangerous.

Call an Attorney to Find Out How This Applies to Your Case

If you believe you have a personal injury case but worry that assumption of the risk might lower your award, then you should talk to a personal injury attorney who can answer your questions for you. We recommend calling The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.