Assumption of Risk

An assumption of risk is the risk assumed when engaging in inherently dangerous activities. Under some conditions if you are injured while performing dangerous activities and you have made an assumption of risk, you may have forfeited your right to file an injury claim if you are injured. There are several requirements which must be met under the rule of assumption of risk.

For instance, you must actual knowledge the risk involved in the activity, you must have the mental capacity to understand any type of written agreement or contract waiving liability, you must have voluntarily accepted the risk (expressly through agreement or implied by your words and conduct) and you cannot have been forced to participate in the activity.

It is not unusual for dangerous activities, such as skydiving or bungee jumping, to have an expectation of risk. Generally, the company who is offering the service provides a written agreement to the participant and by signing the agreement the individual acknowledges the risk. Assumption of risk can be used as a defense by the defendant in a personal injury claim or can limit the right of a plaintiff who is injured to sue another person or entity for injury.