Assumption of Risk Legal Definition
"What is Assumption of Risk?"
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Assumption of Risk
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Express - Express assumption of risk is made verbally or in writing - generally in the form of a waiver or contract.
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Implied - Implied assumption of risk is when an inherent danger is understood. Examples of implied risk include attending a baseball game, riding a high-speed roller coaster, or jumping out of an airplane. In many instances, there is implied assumption of risk when participating in activities where signage indicates hazards or dangers.
Assumption of Risk in Car Accident Cases
If you’ve been injured in a car accident and file an injury claim, your insurance company may raise an assumption of risk defense. Insurance companies keep fat bottom lines by aggressively defending injury claims, and part of that is asserting that you were at least partially at fault for the accident. In Pennsylvania, a legal doctrine known as comparative negligence is applied to determine what if any damages are awarded in car accident injury cases. Comparative negligence is determined using a formula that examines each party’s percentage of fault in the car accident. Insurance companies will use expert witnesses and in some cases your own statements to prove your liability in the accident that caused your injuries, and your legal compensation would be reduced proportionately. These complicated legal defenses employed by car insurance companies is just one reason to call an experienced attorney if you are injured in a motor vehicle accident.Assumption of Risk in Medical Malpractice Cases
Assumption of risk is often raised as a defense in medical malpractice claims. If you were seriously injured as a result of a medical mistake, the insurance company may try to claim that you understood the risks associated with the medical procedure or device in question. However, an important aspect of the assumption of risk defense is in the injury itself. For example, if scarring was an inherent risk of a medical procedure that you knowingly underwent, such as a knee replacement, you likely would not be able to file suit for the resulting scars. However, if you suffered a stroke during that same medical procedure, you may be eligible for legal compensation because that would likely be considered an unforeseeable injury. Medical malpractice defenses are among the most complex. If you’ve been injured because of a medical mistake, it’s in your best interest to contact a skilled personal injury lawyer to help you with your claim.Assumption of Risk in Personal Injury Cases
The assumption of risk defense is employed often in personal injury cases and is most successful in claims involving:-
Contact sports such as football, basketball, and hockey
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Spectator sports such as baseball
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Dangerous activities such a skydiving, paragliding, and scuba diving
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Slip-and-fall cases
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Product injury cases
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Injuries suffered at resorts or on cruises
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Bicycle injuries
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Pedestrian injuries
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And more