Legal Definitions - assumption of risk

Assumption of Risk

Assumption of risk is a legal concept that describes situations where an individual voluntarily accepts the known dangers associated with a particular activity or situation. When someone assumes a risk, they may reduce or eliminate their ability to seek compensation for injuries that result from those dangers, even if another party's negligence contributed to the harm. The core idea is that by choosing to participate in an activity with recognized hazards, you agree to take on those hazards yourself.

This concept can arise in two main ways:

• Express Assumption of Risk: This occurs when an individual explicitly agrees, often in writing, to accept the risks of an activity. This is typically done by signing a waiver or a release form before participating in something potentially dangerous. The agreement outlines specific risks, and by signing, the person acknowledges and accepts them. Courts generally uphold these agreements unless they are found to be against public policy (e.g., attempting to waive liability for extreme recklessness or intentional harm) or are unclear.
• Implied Assumption of Risk: This happens when an individual's actions and the circumstances suggest they understood and voluntarily accepted the inherent risks of an activity, even without signing a formal agreement. For this to apply, the person must have had knowledge of the risk and appreciated its nature, and then voluntarily chosen to proceed. The risks involved are usually those that are obvious and integral to the activity itself.

Historically, assumption of risk could completely bar an injured person from recovering damages. However, in many places today, this doctrine has been integrated into or replaced by concepts like comparative negligence. Under comparative negligence, if an injured person assumed some risk, their compensation might be reduced proportionally to their own fault, rather than being entirely eliminated.

Examples:

• Example 1: Express Assumption of Risk for a Skydiving Experience
  

  Before going on a tandem skydive, Sarah signs a detailed waiver form. The form clearly states that skydiving involves inherent risks, including but not limited to equipment malfunction, landing injuries, and even death, and that she understands and voluntarily accepts these risks. During the jump, due to an unexpected gust of wind, Sarah experiences a harder-than-normal landing and sprains her ankle.

  How it illustrates the term: Sarah's signed waiver represents an express assumption of risk. By signing, she explicitly acknowledged and accepted the known dangers of skydiving. While the wind gust might have been an unforeseen element, the risk of landing injuries is inherent to the activity and was covered by the waiver. This agreement would likely limit her ability to sue the skydiving company for her sprained ankle, assuming the company was not grossly negligent or reckless beyond the scope of the waiver.

• Example 2: Implied Assumption of Risk at a Public Ice Skating Rink
  

  Mark goes ice skating at a public rink. He has skated many times before and knows that falling is a common occurrence, especially on crowded ice. While skating, another skater accidentally bumps into him, causing him to lose his balance and fall, resulting in a minor wrist injury.

  How it illustrates the term: Mark's decision to go ice skating, knowing the inherent dangers of slipping and falling, demonstrates an implied assumption of risk. He didn't sign a waiver, but his experience and the nature of the activity mean he understood and voluntarily accepted the common risks, such as falls or collisions with other skaters. While the other skater's bump contributed, the risk of such incidents is generally understood to be part of ice skating.

• Example 3: Implied Assumption of Risk with a Known Hazard
  

  David is hiking on a well-known trail that has a sign at the trailhead warning of "steep, rocky terrain and potential for loose footing." Despite the warning, David decides to wear sandals instead of appropriate hiking boots. He then slips on some loose gravel on a steep section of the trail and twists his knee.

  How it illustrates the term: David's choice to hike on a trail with clearly marked hazards, especially while wearing unsuitable footwear, shows an implied assumption of risk. He had knowledge of the "steep, rocky terrain and potential for loose footing" through the warning sign and his own observation, and he voluntarily chose to proceed despite these known dangers. His injury, resulting from a slip on loose gravel, is directly related to the inherent risks he implicitly accepted.