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Assumption of Risk and Your Personal Injury Claim

Personal injury claims are made when an injured party believes their accident and injury occurred because someone else was negligent or failed to take reasonable steps to keep others safe from harm. 

This could look like someone failing to follow traffic laws or maintain equipment or omitting some action that could have prevented the incident or collision that led to injury. 

Sometimes personal injury claims can seem complicated because of the introduction of liability principles such as assumption of risk, for example.

What is Assumption of Risk?

In many activities we do throughout our day there is an inherent risk of injury. When you attend a baseball game, you accept the risk that a foul ball could hit you. When you swim in an area with no lifeguard on duty, there may be a sign saying “swim at your own risk”. By swimming, you are assuming the risk of swimming in an unsupervised area, such as a hotel pool.

In other activities, we may even sign waivers acknowledging the potential danger of an activity. 

This is the difference between expressed assumption and implied assumption of risk. 

Expressed Assumption of Risk- This means you have acknowledged a warning of risk for an activity you are doing. When you sign or acknowledge an expressed assumption of risk, you likely waive the right to claim damages for injuries suffered through the normal course of the activity. 

Implied Assumption of Risk– This term means any reasonable participant in the activity would realize they were taking a risk. For example, the weekend athlete who joins a pickup basketball game knows they could twist an ankle or tear an ACL.

It should be noted that neither expressed or implied assumption of risk completely shields a business from liability in the event of an injury or accident. 

When you visit an amusement park, you assume some risk when going on rides. But if an injury occurs due to lack of maintenance or improper operation of the ride, the amusement park could be liable for your injuries despite the assumption of risk. 

This same concept can be applied to many other activities that require an assumption of risk. When the activity is operated or run as normal the business is covered but if accidents occur due to negligence, the assumption of risk can no longer protect them. The following activities are some that suggest an assumption of risk:

  • Ziplining
  • Bungee jumping
  • Trampolining
  • Skiing
  • Hang gliding
  • Operating ATVs or dirt bikes
  • Operating jet skis
  • Skydiving
  • Renting a car

Personal Injury Lawyer Near Cincinnati

If you have been injured doing an activity with assumed risk, the lines may be blurry as to whether you can successfully file a personal injury claim. The Richards Firm personal injury lawyers near Cincinnati are available for a free consultation to go over the details of your claim. We will advise you on matters of assumed risk and help you move forward with your claim if it’s the right option for you!

We can be reached at 513-868-2731, ext. 219 or visit us at https://richardsinjuryfirm.com.  

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