What Does Implied Acceptance Of Risk Mean?
Implied acceptance of risk refers to participation in an activity that may cause loss or damage and the acknowledgement of the potential loss or damage is manifested by one's conduct. This can absolve a party for liability in a legal process.
Implied acceptance of risk is also known as implied assumption of risk.
Insuranceopedia Explains Implied Acceptance Of Risk
There is an expressed acceptance of risk where the person signs a waiver that he or she is well aware of the risk involved in an activity and agrees not to take any legal action against anyone involved in such an activity. In the case of minors, a parent may sign a waiver. This frequently happens before school-organized field trips.
The implied acceptance or assumption happens when a person, even without signing a document, knows the danger of an activity but proceeds to do it anyway. In theme parks, for instance, there are warnings that certain rides may be harmful to pregnant women. If a pregnant woman takes the ride despite the warning, is harmed and threatens the theme park owner with legal action, the latter might invoke the implied acceptance of risk as defense.