Assumption of risk can substantially impact California personal injury claims, potentially lowering a settlement or completely dismissing an injured victim’s right to pursue a case. This legal doctrine states that if the plaintiff voluntarily and knowingly accepted the risks involved with a specific event, activity, or setting, this can free an at-fault party of liability in accidents, such as slips and falls in amusement parks.
Suppose you are involved in an accident involving intricacies of assumption of risks. In that case, it is crucial to understand how this principle can affect your right to file a claim and the steps to take to navigate such a situation.
What Is the Assumption of Risk?
Most injured victims, especially those involved in recreational or sports accidents, ask, “What is the assumption of risk?” Assumption of risk is a legal doctrine stating that an individual who freely engages in a potentially hazardous action or situation cannot hold another party responsible for any injury or injuries.
Generally, by intentionally and freely taking on the risks connected with an activity, the individual accepts responsibility for any negative consequences that may occur, making the liable party free of liability in case of an accident.
This doctrine is frequently used in disputes involving recreational hobbies, sports, and other intrinsically dangerous events where a guest or client is asked to sign a liability waiver. A liability waiver is an official document that releases a company from obligation in the event of an accident.
For example, if you decide to ski, ski resorts typically ask their guests to sign a liability waiver that explicitly states the potential risks associated with the activity and the acknowledgment that the company is free of liability in case of accidents due to such risks. Note that when you sign a waiver, this means that you understand the dangers – hence, the assumption of risk.
Expressed VS Implied Assumption of Risk
There are two different types of assumptions of risks, each bearing different ways of establishing liability.
An expressed assumption of risk occurs when a person expressly agrees, either verbally or in writing, to accept the recognized risks connected with a specific action. This agreement is frequently formalized with a written contract, waiver, or release of obligation. For instance, if a ski resort asks you to review and sign a liability waiver, this is an expressed assumption of risk.
On the other hand, the assumption of risk is implied if, even in the absence of an explicit agreement, a person’s actions or conduct show that they are aware of and agree to the risks associated with a given activity. As such, the implied assumption of risk is established by the person voluntarily taking part in the activity and their awareness of the dangers arising from the nature of the activity.
For example, in an amusement park, guests are not generally required to sign a liability waiver. However, engaging in rides is usually considered dangerous, so participating in such an activity implies that the guest understands the risks involved.
While both express and implied assumptions of risk help to establish and limit liability in specific scenarios, depending on the jurisdiction and specifics of the case, they may be subject to different legal standards and demands for various types of proof.
When Does Assumption of Risk Apply in Personal Injury Claims?
In personal injury cases, assumption of risk may be relevant if the injured party knowingly and freely assumes the hazards involved in a given scenario or conduct and an accident occurs due to the given risks.
For example, in an amusement park accident, instead of holding the park company liable for the accident, they may use the assumption of risk as a defense to release them of their financial responsibility for the damages.
Other examples of accidents where the assumption of risks may be applied include:
- Signing a waiver before participating in sports, recreational activities, or adventure events, such as horseback riding, skiing, or hiking.
- Participating in leisure sports or outdoor activities in which the hazards are widely understood and inherent, such as in amusement parks or skateboarding areas.
- Jobs that involve a frequent chance of injury and exposure to potential hazards, such as those in construction, law enforcement, firefighting, and healthcare.
Lawyer’s Tip: Agreeing to sign a liability waiver is entirely voluntary. You should only proceed with signing if you fully comprehend and accept the terms and conditions outlined in the document. If you do not agree with or understand the waiver, you can decline to sign it.
How Can Assumption of Risk Impact My California Personal Injury Claim?
When risk is assumed in an accident, you might likely lose your right to compensation, especially if you clearly understood and acknowledged the risks yet decided to proceed with the activity. This is true if the cause of the accident is implied or stated in the liability waiver or if it is due to ordinary negligence.
Ordinary negligence occurs when an individual neglects to exercise the level of care and precaution that a reasonable person would under similar circumstances to prevent harm to others.
For example, you were in a waterpark and used a slide. Due to fear, you tried to stop in the middle of the slide. Unfortunately, there was an oncoming lifebuoy, and you ended up having injuries as the object hit your head. In such a case, the waterpark company may not be liable for the damages since the cause of the accident was not due to their negligence, and they exercised caution during operations.
Can I File a Claim Even If There Is an Assumption of Risks?
In specific instances, you may still have the right to file a personal injury claim even if an assumption of risk is involved. This means that even if you sign a liability waiver, you can still receive compensation, depending on the circumstances.
Gross Negligence
If the accident is due to a company’s gross negligence, the company may be liable for the damages despite guests assuming risks through liability waivers. Gross negligence represents a heightened degree of carelessness or recklessness compared to ordinary negligence. It involves a blatant and reckless disregard for the safety and welfare of others.
Let’s say a company hired a skydiving instructor with a history of negligence in ensuring their clients’ risk. Unfortunately, the instructor failed to inspect and maintain the equipment properly before a jump, and you incurred significant back injuries due to their negligence. In this situation, the instructor’s blatant disregard for safety, proven by their failure to address recognized concerns, constituted gross negligence. This then makes the skydiving company liable for the damages.
Intentional Misconduct
Another scenario in which the assumption of risk can be disregarded is when the involved entity is guilty of intentional misconduct. Intentional misconduct arises when an individual demonstrates a deliberate and voluntary disregard for the safety of others. In cases of willful misconduct, the entity is aware of potential risks but consciously opts not to modify its behavior to mitigate them.
For instance, in a skydiving scenario, the skydiving instructor knows that the weather is not fair enough to have a safe jump. Despite knowing the risks associated with the jump, they decided to continue assisting you. Unfortunately, you sustained injuries during the activity due to the weather. In this case, the instructor knew the risks yet opted to ignore them, making the skydiving company and the instructor responsible for the damages.
Proving a personal injury case can be challenging, especially when risks are assumed. To receive compensation for the damages, you need to demonstrate that the company’s conduct amounted to gross negligence or intentional misconduct. This is why it is crucial to consult with experienced California personal injury attorneys who can assist in gathering evidence and establishing the company’s negligence.
How Can California Personal Injury Attorneys Defend My Claim?
Most injured victims think they are not entitled to compensation because they signed a liability waiver. While this is mostly true, in some cases, the assumption of risk can be lifted, and the company can be held liable for the damages. However, only a few know this fact.
By having reliable California personal injury attorneys, they can assess the assumption of risks and determine if this applies to the nature of the accident. They will likely check if the dangers were properly communicated in a liability waiver and if the cause of the accident is directly acknowledged in such a document.
If not, they will likely challenge a company’s assumption of risk defense and assert your legal rights. Additionally, here are the ways an accident attorney can assist you in achieving success with your case:
- Analyze the specifics of your accident.
- Collect essential evidence to prove your claim.
- Establish the company’s responsibility.
- Engage with the insurance company on your behalf.
- Represent you in court proceedings if necessary.
Why Choose Personal Injury Lawyers from Jacoby and Meyers?
At Jacoby & Meyers, our steadfast commitment to helping accident victims achieve the justice they deserve remains unwavering. We are dedicated to giving back to our communities by facilitating access to essential medical care for those impacted by accidents.
Our legal team has developed an efficient process to ensure you are fully informed about your legal rights and receive the justice you are entitled to. Our dedicated team of legal professionals provides exceptional service by:
- Maintaining transparent and open communication throughout every phase of your case.
- Negotiating with insurance companies to secure fair and equitable compensation on your behalf.
- Assisting in coordinating appropriate medical treatments as recommended by your healthcare provider.
- Addressing any additional concerns related to your accident to alleviate your anxieties.
- Protecting your legal rights by establishing liability, assessing the extent of damages, and vigorously advocating for your claim.
We offer a complimentary consultation where you can receive legal advice from top-notch California personal injury attorneys. To explore your legal options, contact us at 800-500-0000.
Jacoby & Meyers. Because You Deserve Justice.
Hear From Our Past Clients
While many other law firms make similar claims, we can provide our customers with solid legal assistance. Testimonials from our past clients can assert their favorable experiences with our legal services.
“My experience with Jacoby And Meyers has been amazing. I am completely satisfied with the final results. In both cases, they treated me like family, and I had a great experience.” – Charles G.
Frequently Asked Questions
Do you have further questions regarding personal injury claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- How Do I Include Lost Wages in My Personal Injury Claim?
- My Personal Injury Settlement Check is Late; How Long Will It Take?
- What is a Demand Package in a Personal Injury Case?
- How To Document Witness Testimonies for Car Accidents in California
- How Does the Burden of Proof Work in Personal Injury Claims in California?
Works Cited
“Assumption Of Risk In Personal Injury Claims (2024 Guide).” Forbes, 3 February 2023. Accessed 2 May 2024.
“gross negligence | Wex | US Law | LII / Legal Information Institute.” Legal Information Institute. Accessed 2 May 2024.
“What Is Negligence? Definition & Examples – Forbes Advisor.” Forbes, 26 September 2022, https://www.forbes.com/advisor/legal/personal-injury/negligence/. Accessed 2 May 2024.
“willful | Wex | US Law | LII / Legal Information Institute.” Legal Information Institute. Accessed 2 May 2024.
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