Los Angeles Assumption of Risk

What is Assumption of Risk?

When someone has a tort committed against them, the defendant may raise a defense of assumption of risk.  To use Assumption of Risk as a defense, the injured party (plaintiff) must have (1) voluntarily and (2) knowingly assumed the risk of the particular type of harm suffered because of the dangerous activity he was involved in.

Risk Must Be a Specific Risk

The risk or the harm suffered from the tort must be one which was known, or a foreseeable harm, for Assumption of Risk to be effectively used as a defense.  This defense, however, does not protect defendants who intentionally or recklessly cause injuries to others through their conduct.

Examples of Assumption of Risk

Effective Use of Assumption of Risk

If someone is participating in a recreational activity, such as paint-ball, there is a known risk that injuries can occur which are both known and foreseeable.  If someone is playing paint ball, and they are struck with an opponent's paint ball causing them to bruise or receive slight cuts or lacerations on their exposed skin - these types of injuries will most likely be covered under an Assumption of Risk defense.

Ineffective Use of Assumption of Risk

Similarly, if someone were playing paint ball and intentionally ran over to an opponent, removed their face protection and proceeded to shoot multiple paint balls in their now-unprotected face - the defendant would be unable to use Assumption of Risk as a defense.  This is because the actions taken by the defendant are beyond the acceptable or foreseeable injuries which would generally occur from playing paint ball.

Injured in an accident where Assumption of Risk may be a Defense?

Contact our Los Angeles Personal Injury Lawyers for a free confidential consultation to determine whether your injuries are covered under an Assumption of the Risk defense at 800-715-4489.