Introduction
For protection from liability and to help determine what type of claim you may have against an individual or business if you suffer harm as a result of another’s negligence, a Utah personal injury lawyer discusses the concept of assumption of risk.
What is the assumption of risk doctrine?
An individual assumes the risk of a known or foreseeable consequence when they voluntarily participate in an activity. When someone assumes the risk, they waive their right to file a personal injury claim against another party. It is important for individuals to understand that they are assuming the risk and what it means if they want to make an informed decision about whether or not they want to participate in an activity.
How does the assumption of risk doctrine apply to personal injury claims?
Personal injury law generally protects individuals from the consequences of another person’s negligence. The assumption of risk doctrine, however, is an exception to this rule that says that if a person knows about and willingly assumes the risks inherent in a situation, he or she cannot later sue for damages. This means that if you assume the risks involved with climbing a tree and you fall out and break your arm, you cannot sue the property owner for your injuries.
What are the consequences of failing to assume risk in personal injury claims?
In the case that a person does not assume risk, their liability for damages will depend on their conduct. If they were found to have assumed the risk, then they are not liable for the damages. However, if a person did not assume the risk and was injured or killed as a result of another’s negligence, then that person would be entitled to collect damages from the negligent party.
Conclusion
In conclusion, it is important for people to understand the consequences of not assuming risk and how it can impact their personal injury claims. If you have a question about what assumption of risk means, or how it can affect your claim for damages or other relief, contact an attorney at our firm. We will be happy to discuss this with you during a free consultation and see if we are able to help. I hope that this blog post has helped answer some of your questions about what the assumption of risk means in personal injury claims.
