What Does 'Assumption of Risk' Mean?

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When an accident occurs, the victims may be able to sue the person who caused the accident for damages. Depending on the injuries and the jurisdiction, the potential damage awards can be significant. However, if it can be proven that the victim assumed the risk of injury prior to the accident, the case might be lost. Defendants often assert that the plaintiff assumed the risk of injury as a defense in a lawsuit. In order for it to be successful, it will have to be proved that the plaintiff knowingly and voluntarily accepted the risk of injury involved prior to engaging in the activity. A simple example would be playing sports. When you play a soccer game, you knowingly and voluntarily accept the risk that you could be kicked on the field and possibly injured as a result. However, in personal injury lawsuits, whether a person assumed the risk of injury is usually a lot more complicated. Since the laws vary by state and all cases are different, you should contact an attorney for more information about how an assumption of the risk defense may apply in your situation.