This video provides an explanation of assumption of the risk. Assumption of the risk is an affirmative defense that defendants often use to attempt to avoid liability in personal injury cases.
It is important for you to know what the legal definition of assumption of the risk is if a defendant is using this doctrine as an affirmative defense.
This video describes two different types of assumption of the risk: expressed and implied.
First the video describes expressed assumption of the risk. Expressed assumption of the risk often occurs when the plaintiff signs a contract that expressly waives the plaintiff’s right to sue the defendant for harm caused by known risks.
This waiver is found in many contracts, so before you sign any documentation it is important to read what you are signing. If you do not read the documentation there is a chance that you could be waiving your rights without even knowing that you are signing a waiver.
There are a few different situations where expressed assumption of the risk cannot be used by a defendant.
One example is lack of capacity.
If the plaintiff lacked capacity to sign the waiver then the defendant cannot use an assumption of the risk affirmative defense. It is specifically important to highlight that individuals who are minors or who have mental illnesses lack legal capacity to sign this type of agreement.
The other type of assumption of the risk is implied assumption of the risk. This occurs when the plaintiff voluntary participates in a known dangerous activity.
If you have any other questions about assumption of the risk or if you would like to speak to an attorney about your personal injury case contact the lawyers at Hutchison & Stoy.
We offer free case evaluations to individuals who are attempting to determine what their legal rights are.
We would love to fight for the justice you deserve.