Your lawyer will tell you that you can still sue the defendant if you were involved in a dangerous event that caused your personal injury accident and he or she (defendant) is the responsible party. However, the defendant will likely use the assumption of risk argument to try to avoid paying the settlement. You need to ask your personal injury lawyer in Sudbury what the assumption of risk argument and rule is if you want to increase your chances of winning your personal injury settlement.
What is assumption of risk?
Personal injury lawyers know that the assumption of risk argument rests on the following two premises:
● You were aware of the risks present in the activities you engaged in that caused your personal injury accident.
● This means that the defendant is not legally responsible for your injuries.
Since you were aware of the risks present in a particular activity that caused your personal injury accident, you’re solely responsible for all injuries you sustained in the accident. That’s what the assumption of risk rule essentially argues.
The defendant must prove his or her innocence.
Your lawyer will tell you that the defendant must prove his or her innocence by proving that you are completely liable for your injuries because you were fully aware of all risks present. The defendant must also prove that you knowingly and willingly accepted those risks.
What is express assumption of risk?
This occurs when you say outright that you were fully aware of all risks associated with a particular activity. This can take the form of:
● A written and signed waiver
● A contractual or signed and written agreement between you and the defendant.
This is a common occurrence for activities that are known to be dangerous like diving, snorkeling, or zip-lining. The defendant will have you sign a written waiver in this instance. The signed waiver serves as legal acknowledgment on your part of the risks involved. You generally give up your right to sue the defendant if something were to go wrong. However, the one exception is if the waiver was hidden in the paperwork and you were unaware of it for that reason.
Implied assumption of risk: While you don’t sign a formal and legal document that expresses your knowledge of risk, you show it in your actions and words.
The assumption of risk rule doesn’t always apply
The rule doesn’t apply in instances where the risk you are being subjected to exceeds your awareness of the risk. A good example would be with construction or road workers. They know about the inherent risks of their work, but their working conditions exceed this knowledge. The assumption of risk rule necessitates your hiring of a personal injury lawyer.