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Assumption of Risk

Posted by Alan Fassonaki | Mar 26, 2023

Recreational activities offer an opportunity to have fun, exercise, and test our limits. However, some activities come with inherent risks, and it's crucial to understand the legal implications of participating in an activity that requires a waiver or assumption of risk agreement. Providers of such activities often seek protection from personal injury liability through waivers and assumption of risk agreements. In this blog post, we'll explore what these agreements entail and how they can affect a participant's ability to recover damages for personal injuries.

To begin, let's define these agreements. A waiver is a legal document signed by a participant before engaging in an activity, acknowledging the risks involved and releasing the provider from liability for any resulting injuries. An assumption of risk agreement is similar but takes it a step further, stating that the participant accepts all the risks associated with the activity, regardless of the provider's negligence. In both cases, the participant agrees to waive their right to sue the provider for personal injuries sustained during the activity.

It's worth noting that these agreements are not infallible. They do not provide complete protection to the activity provider, and certain circumstances can allow a participant to recover damages for personal injuries. For instance, if the provider was grossly negligent or engaged in intentional misconduct, the agreement may not be enforceable. Similarly, an ambiguous or poorly written agreement may be deemed invalid by a court.

However, these agreements are frequently used in high-risk activities like sports and other recreational events. By signing a waiver or assumption of risk agreement, participants assume responsibility for any injuries that may occur, regardless of fault.

So, what does this mean for someone looking to participate in an activity? First and foremost, it's essential to read and comprehend any agreements before signing them. This may entail consulting with a lawyer to confirm the fairness and enforceability of the agreement. It's also crucial to be aware of the activity's risks and take measures to reduce them. This could include wearing appropriate safety gear, following all instructions and rules, and knowing your own limits.

In summary, waivers and assumption of risk agreements are vital tools that activity providers use to protect themselves from personal injury liability. While these agreements can limit a participant's ability to recover damages, they're not foolproof and can be challenged under certain circumstances. It's essential for participants to understand an activity's risks, comprehend any agreements before signing, and take steps to mitigate those risks.

About the Author

Alan Fassonaki

What inspired me to practice personal injury law? I was 9 and imagining the win. My mother was driving me to my basketball game. My older sister came along to support me. While on the road, I thought about practice and replayed our team's game-plan in my mind. Suddenly, I hea...

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