Bonezzi Switzer Polito & Hupp Co. L.P.A.
  • ohio Defense Lawyers 216-586-2013
    877-214-7321
  • Florida Defense Lawyers 727-826-0909
Practice Areas

Assumption of the risk and personal injury defense

There are safety risks every time you set foot outside your door. Of course, these risks are fairly remote in everyday life. Then there are activities that are inherently dangerous, like skydiving. In personal injury law, a valid defense to charges of negligently causing the plaintiff’s injuries is that he or she “assumed the risk.”

In other words, the plaintiff knowingly and willingly participated in an activity that was likely to injure him or her. The fact that he or she did indeed get hurt should not be the defendant’s responsibility, the argument goes.

To succeed with an assumption of the risk defense, the defendant must show that the plaintiff had actual, subjective knowledge of the risk involved in the activity that caused the harm. The plaintiff must also have voluntarily accepted that risk.

This is why people who choose to participate in risky behavior often must sign release forms first. Such a document was at the center of a recent court decision related to the death of a man while on a backpacking trip to India, ABC News reports.

The federal judge presiding over the case has dismissed the man’s mother’s lawsuit against the company that sent the man abroad. She ruled that agreements the man signed before the trip prohibit his family from suing for damages.

There are other defenses that may be available to Ohio doctors, employers and manufacturers when they face a personal injury or product liability suit. Someone who has been sued should speak to a lawyer as soon as possible.

No Comments

Leave a comment
Comment Information