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What is an “Assumption of Risk”?

Swimming children

In certain personal injury cases, there is often a term thrown around that clients do not understand. That term is that of “assumption of risk”. This is a defense that companies and individuals will use to state that they are not responsible for the injury of another, because that person was aware of the risks before engaging in the activity.

If you have a personal injury claim, it is important that you understand the assumption of risk and how it could affect your tort case.

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Tort Claims

When the assumption of risk factor comes up in a personal injury case, attorneys are referring to torts. Torts are a lawsuit type that arises when someone is injured due to the negligence or intentional acts of another.

If someone is injured, the law gives that injured party the right to sue the person or company responsible for their injuries. They are also entitled to compensation (damages) which come in monetary form.

Defenses

Assumption of risk is used as a defense when the defendant is admitting that they are not responsible for the plaintiff’s injuries because the plaintiff assumed risk. For example, the plaintiff swims in a pool even though there were posted warning signs regarding dangerous swimming conditions. Therefore, the defendant (the owner of the swimming pond) could use the defense that they are not responsible because the plaintiff accepted the assumed risk.

Another example would be if you choose to go hiking with a friend, and you fall and break your ankle and decide to sue your friend. Your friend would have a defense of assumed risk, because you knew the risks associated with hiking and opted to go. Your friend didn’t physically force you to go and harm your ankle.

How Does Assumption of Risk Work in a Personal Injury Case?

When you meet with a personal injury attorney, he or she will perform a case evaluation to see if there was any assumed risk. If there was, then this doesn’t mean you will not have a case, but the amount of damages you could be rewarded will be less than if there was no assumed risk present.

The assumed risk factor could be detrimental to a personal injury case, which is why it is important that you speak to an experienced personal injury attorney in Florida before filing your lawsuit. An attorney has the necessary training and experience to determine the potential legal issues,which might affect your personal injury claim.

Contact the Leifer Law Firm Today

If you were injured, contact the Boca Raton personal injury attorneys at Leifer Law Firm for a free consultation. We can look over your case for any potential legal issues, including the assumed risk issue, and help you decide if you have a claim worth pursuing.

Get started today by calling our offices in Boca Raton, Fort Lauderdale, or West Palm Beach at  561-395-8055 to schedule your free consultation.

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