You get a rush out of taking risks and trying things that others might consider too dangerous. You’re always the first in line for a roller coaster, zip line, speed boat ride, or anything else that’s just a little bit crazy. However, if you are injured while doing one of these activities, who is at fault? Can you file a personal injury claim against the sponsor of the activity, or did you participate at your own risk? The answer may depend on what you signed and who your attorney is.
Express Assumption of the Risk
Very often when you sign up for an activity that carries a risk of injury, you are asked to sign a waiver of liability which states, among other things, that you wave your right to sue the sponsor of the activity if you are injured during the course of the activity and that you are aware that the activity carries risk. Because an agreement has been made, this is considered an express assumption of risk. This would seem to cover all the bases—you are stating that you know the activity is potentially dangerous and if you are hurt while participating in the activity, you cannot blame the sponsor. However, you may still have grounds for a personal injury claim in the following circumstances:
You did not agree to assume the risk of the particular harm that occurred.
The injury was caused by actions that were grossly negligent or intentional on the part of the sponsor and exceeded the scope of the agreement you signed.
You were not made adequately aware of the waiver within a contract you signed.
While it may be difficult to pursue a claim against another party when an express assumption of the risk was given, with a good legal team on your side, it’s not impossible.
Implied Assumption of the Risk
A defendant in a personal injury lawsuit in which no contract or waiver was signed may claim that an implied assumption of risk was given. In other words, the participant should have known that the activity carried risk and, simply by participating, agreed to assume the risk. While this can hold up in court, if the actions or behaviors of others involved in the activity go beyond what is considered normal for the activity, implied assumption of risk will not apply.
Even If You Signed a Waiver, We May Be Able to Help
We sign waivers almost every day. If you have children, you have probably signed a waiver for every activity they have ever participated in from basketball to basket weaving. However, these waivers don’t mean that the person or organization is not responsible for ensuring that the activity is as safe as it can possibly be. If you or your child was injured due to someone else’s negligence, start a live chat with us now.