How Primary Assumption Of Risk Applies To Your Personal Injury Case

If you like to get out of your home and do things, there’s a good chance you’ll engage in activities where you assume a primary assumption of risk. Primary assumption of risk means that you acknowledge that your participation in an activity could result in injuries, and your acknowledgement of this risk renders you unable to pursue compensation from an entity in the event that you suffer injuries.

But when does primary assumption of risk apply to your injuries, and when can you ignore that assumption and collect damages for your injuries? We take a closer look at the primary assumption of risk in today’s blog.

Understanding Primary Assumption Of Risk

Primary assumption of risk applies to situations where someone voluntarily participates in an activity with some natural assumed risk. This assumption absolves the other party of a standard duty of care because the activity is inherently risky. Let’s look at some examples to better explain when someone agrees to a primary assumption of risk when participating in specific activities:

A fan at a baseball game would assume the primary assumption of risk that a batted ball could be hit in their direction and potentially cause injuries.
A person who attends a concert may assume the risks of being in a potentially loud environment.
A family that goes skiing understands that they will be unable to sue the resort if they fall and become injured while skiing down the hill.
An individual assumes the risks inherent to riding on a roller coaster at an amusement park.

The key here is that any injuries that occur when the primary assumption of risk applies must occur during normal and expected situations. For example, a foul ball is to be expected at a baseball game. As long as the action can be reasonably expected and is directly related to the activity that the person is willingly engaging in, it’s unlikely that you’ll be able to bring a personal injury lawsuit against another party.

Exceptions To Primary Assumption Of Risk

Businesses and entities that host activities with inherent risk are not absolved of any and all liability simply because someone purchases a ticket or willingly engages in the activity. They still hold a responsibility for a standard duty of care while on the premises.

That same fan who is aware of the risks of a fall ball could certainly file a personal injury lawsuit against an organization if they suffered a broken ankle because there was a broken handrail on a staircase that went unaddressed by stadium personnel. If the reason for the injury was not an expected or reasonable cause tied to the dangerous activity itself, you can file for injury compensation. That same individual at the amusement park likely wouldn’t have a case if their neck hurts after going on a large roller coaster that operated as expected, but if they can prove that malfunctioning equipment contributed to their injuries, they may have a case.

At the end of the day, if you’re at all wondering if you have a valid injury claim, connect with a personal injury lawyer. Dean and the team at Margolis Law Firm would be more than happy to assess your case and talk with you to see if you may have grounds for a claim. For more information, or for help with a different aspect of injury law, reach out to Dean Margolis today at (952) 230-2700.