Clients often come to my office after they or a loved one was injured. Sometimes they have been told that they have only themselves to blame, as they “assumed the risk” of whatever activity injured them. “Assumption of risk” is a legal term that has made its way into many people’s everyday vernacular. It is commonly used when a person wants to say that it is someone’s own fault that they were injured. But that is only half right. Because this term comes up so often in my practice, I thought I would give it some specific attention in a blog post.
If you or a loved one was injured or killed as a result of another’s negligence, you will need to have experienced counsel help you attain your fair share of compensation for your loss of income, emotional trauma, and injury. Barrett Law has the experience to help you if you, contact us now at (601) 790-1505.
What is “Assumption of Risk?”
We live in a society enthralled by risk-taking and eager to place blame when risk results in injury. “Assumption of risk” is a legal term that tries to balance that contradiction. Water parks are a good example—when people follow the rules at water parks, they are usually a fun time on a hot day. But sometimes people do get injured at water parks, and the park is often quick to say that they cannot be negligent because the injured person “assumed the risk” posed by the park. That may or may not be true. “Assumption of risk” is a legal term that means that when a person knowingly decides to enter a risky situation, he or she accepts the risks posed by that decision. The classic example is the person who goes to a hockey game assumes the risk that he or she may get hit by a puck.
But assumption of the risk is not always so straightforward and usually hinges on how “knowingly” a person entered the situation and how apparent the risk was. For example, if you go to a waterpark, you likely assume the risk that you may get kicked in the face by someone landing in the water on top of you. Similarly, if you choose to leap out of the park’s slide while everyone else chose sliding down it, you assumed the risk of hitting the pavement under the slide. That said, you likely did not assume the risk that the water slide’s water would turn off, causing you severe abrasions. In short, a consumer can only assume the risks that he or she would reasonably be aware of upon entering a property, and if the hazard that injured you was not one that was notorious, advertised, or well-known, it will be difficult to claim that you assumed it. Assumption of risk is almost always used as a defense in negligence cases. But is fact-specific and is often shown to be inapplicable when the risk in question was one that the injured person could not have anticipated.
What Should You Do If You or a Loved One Has Been Injured?
If you or a loved one was injured or killed as a result of a hazard on a third party’s property, you might have a negligence claim for your injuries, loss of work, and emotional trauma. Don’t let anyone tell you that you “assumed the risk” of whatever caused your injuries until you have spoken with an experienced personal injury attorney.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury. Contact us now at (601) 790-1505.
