Personal injury claims arise from various situations, such as car accidents, bicycle accidents, pedestrian accidents, and slip and fall accidents. It may be the case that the person who suffered the accident acted in a careless and irrationally dangerous manner that did not consider the risks inherent in their negligent behavior. On the other hand, they may have behaved perfectly and still suffered an accident because of someone else’s negligent behavior. Lastly, when the plaintiff performs the actions knowing the dangers of that behavior, this is known as the assumption of risk.
What is an assumption of risk?
It is the applicable doctrine when the damage is attributable to the victim’s conduct who suffers it. This is because he or she has consciously exposed himself or herself to a specific danger without being obliged to do so. When a plaintiff risks engaging in an activity knowing that he may be harmed, the law requires him/her to take responsibility for the consequences of his/her actions.
Sports and adventure tourism are the most representative examples of the assumption of risk by establishing that players who voluntarily participate in a sporting activity cannot hold others responsible for injuries that occur during the game. Similarly, for adventure tourism, the assumption of risk is based on the belief that people have the right to make their own risky decisions.
How do you accept an assumption of risk?
The assumption of risk can be explicit when the person signs a waiver or verbally declares that they accept a risk, taking into account that said risk does not go against public order. It can also be implicit when the person knows that climbing rocks is dangerous and they may fall and injure themselves, but still do it, to name one case.
There are exceptions
They depend on the nature of the activity, for example, when a player intentionally injures another player or for damage caused by faulty facilities or equipment.
In this way, if you are filing a lawsuit against an entity because you suffered an accident, an implicit or explicit assumption of risk may damage your claim. Consult a lawyer if you wish to know more.