Assumption Of Risk

What Does Assumption Of Risk Mean?

Assumption of risk (or assumed risk) is a legal defense that the accused party in a personal injury lawsuit can use to argue that the injured party was aware of the risks involved in a particular situation and voluntarily accepted those risks. As a result, the accused should not be held liable for damages. In the context of insurance, businesses and professionals purchase various forms of liability insurance to protect themselves from such lawsuits. Companies that want broad protection against bodily injury claims from customers and visitors usually start with general liability insurance, while professionals worried about negligence allegations from clients tend to add professional liability insurance on top of it.

Insuranceopedia Explains Assumption Of Risk

In a personal injury case, the injured party, or plaintiff, may argue that the injury resulted from the negligence of the accused. In response, the person accused of negligence may claim that the injured party had already assumed the risk. This means that the injured party was aware of the potential risks and voluntarily became involved in the situation. If it can be proven that the injured party knew about the risks beforehand, the case may be decided in favor of the accused. As a result, if the accused is found to have acted appropriately, they may no longer have any obligation to the injured party.