Understanding Assumption of Risk
Assumption of Risk is a legal rule. It moves blame for injuries away from the person who caused danger. Instead, it puts blame on the person who knew the risks but chose to do it anyway.
Related glossary terms: Comparative Negligence, Negligence Per Se, Gross Negligence.
Say a driver tells passengers their brakes don’t work. But the passengers ride along anyway. They may have accepted the risk of an accident.
This idea says people should take responsibility for their choices. Courts check if the hurt person knew the risk. They also check if the risk was clear and if the person chose to proceed anyway.
Just knowing about general dangers isn’t enough. The risk must be specific. And they must understand it at the time.
How Assumption of Risk Works in Legal Cases?
Assumption of Risk works in two ways: express and implied. Express happens when someone signs a waiver. They might also agree to risks out loud. For example, signing a form before bungee jumping.
Implied happens when actions show they understood the risks. There’s no formal agreement. A baseball fan sitting in an open area accepts the risk of a foul ball.
Defendants in injury cases often use this defense. Drivers, property owners. Or event organizers may raise it. If it works, the hurt person may get no money. Or they may get less than they asked for.
But it’s not automatic. Courts look at many things. They check how clear the risk was. They also look at the person’s age and experience. And they see if the risk was part of the activity. A pro athlete accepts risks from their sport. But not risks from bad equipment or careless coaching.
Why Assumption of Risk Matters?
This rule balances accountability and personal responsibility. Without it, people could sue for injuries they knew were risky. That could lead to too many lawsuits. It could also raise costs for businesses, insurers. And customers.
For example, amusement parks might stop thrill rides. They’d fear lawsuits every time someone got hurt. Even with clear warnings about dangers.
But this rule doesn’t let businesses hide dangers. Courts won’t let them avoid blame for careless or reckless risks. A gym can’t skip responsibility for broken equipment. Even if a member signed a waiver.
The rule only covers risks that are part of the activity. Or risks that were clearly explained.
When Assumption of Risk Matters Most?
Assumption of Risk matters most when dangers are well-known. It applies to activities like skiing, rock climbing. Or contact sports. Injuries are expected in these cases.
It also applies to transportation. Riding with a drunk driver is one example. Not wearing a seatbelt is another. In these cases, the hurt person’s choice affects their chance to get money.
In Georgia, this rule works with comparative negligence laws. Under these laws, a hurt person can still get some money. But the amount drops based on their share of the blame.
But if Assumption of Risk is proven, they may get nothing. Say a passenger rides with a drunk driver and gets hurt. A Georgia court might say they accepted the risk. So they can’t sue the driver for money.
