{"id":352922,"date":"2017-03-29T14:38:56","date_gmt":"2017-03-29T19:38:56","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/accident-injury-law\/assumption-of-risk-defense.html"},"modified":"2023-08-31T09:40:58","modified_gmt":"2023-08-31T14:40:58","slug":"assumption-of-risk-defense","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/accident-injury-law\/assumption-of-risk-defense.html","title":{"rendered":"Assumption of Risk Defense"},"content":{"rendered":"\n
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Assumption of Risk Defense<\/h1>\n\n
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\n By Ty McDuffey, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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In a personal injury lawsuit<\/span>, the defendant may use the assumption of risk defense<\/span>. This legal argument asserts that the plaintiff\u2019s conduct<\/span> carried an inherent level of danger. By proceeding, they accepted the risk of injury<\/span>. This defense can be challenging for both parties in a lawsuit.<\/p>\n\n <\/div>\n\n\n\n

In some cases, accidents are freak occurrences that couldn’t have been predicted. In other cases, accidents result from a person’s own willingness to participate in a dangerous activity and assume the known risk of injury in doing that activity. These situations can give rise to a legal defense known as “assumption of risk.”<\/p>\n

This article provides a brief overview of the assumption of risk in personal injury law<\/span>. Whether you have a claim or are being sued, speak to a personal injury lawyer about your options. Personal injury defense lawyers<\/a> can review the claim to identify the best possible defense strategy.<\/p>\n

What Is the Assumption of Risk?<\/h2>\n

The doctrine of\u00a0assumption of risk<\/a>\u00a0is an\u00a0affirmative defense.<\/a>\u00a0It may be available to some defendants in personal injury lawsuits.<\/p>\n

The law has determined that certain activities come with an innate risk. Plaintiffs who voluntarily participate in these activities and become injured as a result cannot\u00a0sue based on a negligence theory<\/a>. In other words, the defense holds that people who choose to do certain dangerous activities can’t turn around and hold others liable when they’re injured as a result of those activities, especially if they knew of the risk of harm and assumed the risk by doing the activity anyway.<\/p>\n

In order for a defendant to invoke the assumption of the risk defense, the plaintiff must have:<\/p>\n