Assumption of Risk

When you are aware of the hazards associated with a certain action but nevertheless choose to engage in it, you may have a legal defense against a personal injury claim. Imagine, for instance, that you suffered an injury while scaling a rock wall at a neighborhood recreation facility. You probably already know that there is a potential that you will trip and damage yourself before even beginning that activity. But when you began climbing, you accepted that danger. A defendant would attempt to argue that you were aware of the risk of falling and yet did it, which could prevent you from recovering damages from them in a lawsuit.

The assumption of risk defense must be supported by the defendant by showing three things:

• The plaintiff had actual knowledge of the danger that was involved.
• The plaintiff understood clearly the risks associated with the threat.
• The plaintiff deliberately exposed themselves to those risks.

You shouldn’t presume that your claim is barred just because you accepted a knowing risk because every situation is unique. This defense might not apply at all in some circumstances, and it might only marginally reduce the amount of monetary damages you would be eligible for following an accident in other circumstances.