Pennsylvania law allows individuals who were injured due to another person’s negligence or intentional wrongdoing to recover compensation. Such individuals can recover compensation for their losses by pursuing a civil lawsuit with the help of a good lawyer. That does not mean, however, that the accused person is automatically guilty; the law also allows them to defend themselves.
One of the ways the defendants can defend themselves is by introducing the assumption of risk factors. This article explains what this doctrine means and how it limits the plaintiff’s ability to pursue a claim.
Table of Contents
Assumption of Risk Defined: How Does It Work?
Assumption of risk is defined as a legal doctrine that could affect a plaintiff’s right to pursue a personal injury claim. The defendant introduces this doctrine as a defense during a personal injury suit. If they successfully prove the plaintiff exposed themself to the possibility of an injury, then the latter may be unable to recover compensation.
How it Works
Dangers are inherent in certain activities, like a baseball game, where there is a risk of being hit by a fly ball. If someone intentionally and purposefully participates in an inherently dangerous activity, they are taking a risk. In that case, such an individual may find it difficult, even impossible, to hold the defendant liable for their injuries.
In simple terms, if you believe you could be harmed in an activity and you participate in it anyway. If you do get injured while engaging in the action, you cannot recover compensation for your injuries. Meanwhile, this doctrine only applies to known injuries or those one can reasonably see happening.
Types of Assumption of Risk
There are two ways the assumption of risk happens in a personal injury claim: express and implied assumption of risk. Let us explain these in simple terms:
Express Assumption of Risk
In this case, you expressly assume the risk of something going wrong when you sign a contract to that effect. If you go hiking or rock climbing, for example, the gym you are going with may ask you to sign a waiver. Signing this waiver absolves them of any form of liability for whatever accident occurs, like falls, and the resulting injuries.
Implied Assumption of Risk
In this case, you do not sign a contract accepting certain dangers, but you knowingly entered a high-risk activity. That is, it is clear that you intentionally engaged in a high-risk activity, knowing full well the potential dangers involved. Take riding at a local fair, for example; you assume the risk by getting on the ride, particularly if you saw it beforehand.
What Does the Assumption of Risk Mean for Your Case?
Oftentimes, the assumption of risk means the defendant gets out of paying you compensation for your losses. Even if you successfully prove all the elements that show them liable, they can still introduce this defense. Meanwhile, these elements include duty of care, breach of duty of care, causation, and damages.
Therefore, success in your case boils down to whether or not you assumed the particular kind of injury. Also, it depends on whether the defendant’s negligence is still a factor and whether there was an express or implied assumption of risk. Finally, the success of your case, despite the assumption of risk, depends on what Pennsylvania law says.
Conclusion
“Determining your rights in a personal injury case where the assumption of risk is a factor can be complicated,” Attorney Jeffrey P. Lowenthal of Lowenthal & Abrams, Injury Attorneys. As such, you want to work with an experienced local personal injury attorney who can explain your options to you.
