What You Should Know About Assumption of Risk
There are many types of accidents that can lead to an Arizona personal injury claim. Car accidents are one of the most common reasons for injuries and personal injury claims but slip and fall accidents, drowning incidents, or even defective products can be a basis for a claim. An accident can be shocking and are unforeseen. Other accidents take place with the victim knowing that the activity engaged in or the location visited has some level of risk.
If you are injured in an accident and you want to build the strongest claim possible, it is best to have your situation reviewed by a qualified Arizona personal injury attorney. Depending on the details of your accident situation, you may have a hard time securing compensation. If the assumption of risk is present, this could be one reason why.
What is the Assumption of Risk?
If you participated in an activity or entered a place where it can be proven that you knew the risks and the hazards that were present but you disregarded them and exposed yourself anyway, this is the assumption of risk. In legal terms, when the assumption of risk exists in a case it can prevent you from winning your case.
A defendant using the assumption of risk to win their case has a responsibility to prove the following:
- The plaintiff knew that there were dangers and the potential for harm in the action that they took.
- The plaintiff voluntarily consented to the risks either orally or in writing. Or their behavior implies that they accepted the consequences of their actions.
There is no doubt that you have engaged in some type of activity at some point in your life where you had to sign a waiver before you could do it. Maybe you went bungee jumping or joined a gym and had to sign off before you were allowed to proceed. When you sign such a document before engaging in an activity, this is called an express assumption of risk. It is a written document showing that you were presented with the risks, you knew them, and you accepted them.
If you were harmed after you signed a document acknowledging the risks, that doesn’t necessarily mean that you cannot pursue an Arizona personal injury claim. If you were injured by something outside of the accepted risks like a malfunctioning piece of equipment because the owner of the business did not repair it, this accident could have merit.
Talk to an Arizona Personal Injury Attorney Today
ELG only works on Arizona personal injury cases and we have the experience necessary to examine your accident situation and advise you of your best legal options. When you have been in an accident in Arizona and you sustained injuries as a result, you may be able to secure compensation for your damages. The talented and resourceful Phoenix serious injury attorneys at ELG will help you see your full legal justice. Call ELG’s Phoenix personal injury law firm at (623) 877-3600 to schedule your free consultation.