Assumption of risk is a legal doctrine that, in certain cases, can prevent an accident victim from recovering financial compensation for their injuries. The basic premise of the doctrine is that a plaintiff cannot hold a defendant liable for an injury if they were aware of and fully accepted the risks of engaging in a particular activity.
In practice, assumption of risk is quite complicated. In New York, the doctrine is applied narrowly and only in specific types of personal injury cases. However, defendants sometimes raise it to try to limit or avoid responsibility. Below, our New York personal injury lawyers explain what the doctrine means, how it works, and why it matters for accident victims.
What Is Legal Risk?
In corporate law, legal risk is a company or individual’s exposure to negative consequences from violating regulations, laws, or contracts. Managing exposure to legal risk is a key consideration for many businesses.
Assumption of risk typically refers to the possibility of physical injury, financial losses, or other harms an individual faces when deciding to participate in a potentially dangerous activity, and whether the entity responsible for the activity can be held liable. Legal risk and assumption of risk discuss different types of exposure in different contexts, but personal injury victims can manage and minimize their risk in a similar way.
Assumption of Risk in Personal Injury Cases
Personal injury defendants can claim either express or implied assumption of risk. Express assumption of risk is when an injury victim has signed a release form or similar document specifically acknowledging the risks of the activity and waiving their right to sue. However, certain waivers aren’t fully enforceable and can still allow victims to recover compensation.
Implied assumption of risk takes into account the plaintiff’s behavior and actions leading up to the injury, such as choosing to participate in an “inherently dangerous activity” like extreme sports. This defence can also undermine negligence claims, as the defendant can argue that even if they breached a duty of care to the victim, the plaintiff chose to participate with full knowledge of a hazard.
“Assumption of risk is a legal concept that can have a big impact on personal injury cases here in New York. It means that if someone knowingly and voluntarily puts themselves in a risky situation, like playing a contact sport or entering an area with clear warnings, the law may limit their ability to recover damages if they’re injured. That doesn’t mean you’re out of options, though. Every situation is different, and many times there are facts that can overcome an assumption of risk defense. At Richmond Vona, we dig into every detail to make sure your side of the story is heard, and that you aren’t unfairly blamed for your injuries”
The Core Elements of Assumption of Risk
To successfully use an assumption of risk defense, the defendant usually must show three factors:
- Knowledge of the Risk: The victim must have been aware of the hazard that resulted in their injuries. Unlike some other doctrines of liability, it’s not enough that the claimant “should” have known about the risk.
- Appreciation of the Risk: The victim also must have fully understood the nature of the hazard, how dangerous it was, and the potential consequences of braving it.
Voluntary Exposure: The victim must have decided to move forward with the activity with full knowledge and appreciation of the risk, without any kind of pressure or coercion.
How Does Assumption of Risk Impact Legal Liability?
Assumption of risk can limit an injury victim’s potential recovery by allowing the defendant to minimize their own liability for an accident. Most states have a rule discussing what happens when a personal injury plaintiff shares partial blame for an accident.
New York has a pure comparative negligence system, meaning anyone can recover compensation for an accident even if they were primarily responsible for their own injuries. However, the plaintiff’s compensation will be reduced proportionally to their percentage of liability.
New York used to have a contributory negligence system, which barred injury victims from recovering any compensation if they shared any liability for the accident, no matter how little. Many states still utilize similar systems. Under either rule, assumption of risk can significantly reduce the amount of money a defendant owes, leaving injury victims with less or even no compensation.
Negligent Defendants Can Still Be Held Liable
To be clear, the assumption of risk doctrine does not fully protect against the liability of schools, organizations, businesses, and property owners. These defendants can sometimes be held legally responsible for injuries that occur in sports or recreational activities. However, the assumption of risk doctrine is an issue that must be addressed. Plaintiffs should be prepared to prove that they did not assume the specific risk that caused their injuries.
Risk Mitigation Strategies in Personal Injury Law
While overcoming an assumption of risk defense and recovering significant compensation is possible, you can also take proactive steps to avoid it. Some examples of personal injury risk mitigation strategies include:
- Understanding waivers: Be sure to thoroughly read through any waivers you’re asked to sign before participating in a dangerous activity. If any of the terms make you uncomfortable, you may want to consider consulting an attorney before signing.
- Avoiding risky situations: Steer clear of visible hazards, such as spilled liquids or uneven ground. Even if an accident isn’t your fault, getting too close to danger can complicate and undermine the value of a premises liability claim.
Look out for signs: Responsible property owners will clearly mark any known hazards. Missing those markers and getting injured on a hazard would almost certainly shift liability onto you.
“Assumption of risk is something we deal with often, and we’re not afraid to take on cases that other firms might turn down. One example: a woman came to us after suffering a spinal cord injury at an indoor trampoline park. She had signed multiple waivers and was told by several firms that she had no case because of ‘assumption of risk.’ We took a closer look and proved that she hadn’t assumed the risk of the specific dangerous condition that caused her injury. That distinction made all the difference, and we were able to secure a great settlement for her. At Richmond Vona, we have deep experience handling assumption of risk issues, and we fight to make sure our clients’ voices are heard, no matter how tough the case may seem”
Real-World Example: Ninivaggi v. County of Nassau
In 2019, a New York appeals court denied a plaintiff personal injury compensation based on the doctrine of assumption of risk. In the case of Ninivaggi v. County of Nassau, a teenage boy was injured playing catch with his friend on a multi-purpose athletic field at a public school in Merrick, New York.
The injury occurred when the boy stepped in a ‘hole’ on the grass field. Eventually, his parents brought a claim against the school district. Citing the doctrine of assumption of risk, the court ruled against the plaintiffs, finding that “depressions” and “irregularities” are relatively common on football fields. Additionally, the boy acknowledged that he was an experienced football player and was familiar with the conditions of the field. On these grounds, the plaintiff assumed the risk of the activity, and the defendant was not liable for the resulting injuries.
Frequently Asked Questions
What is Assumption of Risk in Simple Terms?
Assumption of risk is the idea that injury victims can be partially to blame for an accident if they acknowledge the potential danger of the activity that led to it, whether in a signed agreement or through their behavior.
Can I Still Sue if I Signed a Waiver?
Yes. Many waivers are unenforceable or do not fully cover liability for the specific circumstances of your accident. Our skilled New York personal injury attorneys can still help you recover significant compensation.
What’s the Difference Between Express and Implied Risk?
Express assumption of risk occurs when an injury victim signs a written agreement acknowledging the danger before participating in an activity. Implied assumption of risk occurs when a person voluntarily participates in an inherently dangerous activity or demonstrates through their actions that they knew the risk.
Speak To Richmond Vona Lawyers About How Assumption of Risk Plays a Role in Your Injury
If you have questions about assumption of risk and how it can affect your personal injury claim, the experienced and trusted attorneys at Richmond Vona are here to help. Contact us online or call 716-500-5678 today for a free consultation.
