Assumption of Risk

Example

“The skydiving company's liability was limited because the injured participant had signed a waiver acknowledging assumption of risk for the inherent dangers of the sport.”

Memory Tip

Remember 'assumption of risk' like 'assuming responsibility' - when you assume the risk, you take responsibility for what might happen.

Why It Matters

Understanding assumption of risk is important because it can limit your ability to recover damages from injuries during recreational activities or sports. It also affects insurance coverage, as insurers may exclude or limit coverage for activities where you voluntarily assume known risks.

Common Misconception

People often believe that signing a waiver or assuming risk means they can never recover damages, but assumption of risk typically only applies to inherent dangers of an activity, not negligence or unsafe conditions created by others. You may still have valid claims for injuries caused by operator negligence or equipment defects.

In Practice

Tom signs up for rock climbing at an outdoor center, signing a waiver acknowledging the inherent risks of falling and injury. When Tom falls due to a broken climbing hold that the center failed to inspect, he suffers $50,000 in medical expenses. While Tom assumed the normal risks of climbing, the center's negligence in equipment maintenance isn't covered by assumption of risk. Tom's personal injury claim succeeds because the injury resulted from the center's failure to maintain safe equipment, not from the inherent dangers of climbing that he voluntarily assumed.

Etymology

"Assumption" from Latin "assumere" meaning "to take up or adopt," and "risk" from Italian "riscare" meaning "to dare," reflecting the concept of voluntarily accepting potential dangers.

Common Misspellings

Related Terms

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