Assumption of Risk

Understanding Assumption of Risk Defense in Personal Injury Claims

Assumption of risk is a legal concept under Connecticut law that’s used as a defense in personal injury cases, such as car accidents or slip-and-fall incidents. The defense argues that the plaintiff (the accident victim) knowingly took on the risks associated with an activity, and therefore should not be able to recover compensation for injuries sustained.

How the Assumption of the Risk Defense Works

When you engage in an activity where there are obvious risks, and you get injured as a result, the assumption of risk defense could be used against you. For example, if you’re climbing a rock wall at a local gym, you likely understand that falling is a possibility. If you fall and get injured, the defendant could argue that you assumed the risk of falling by participating in the activity.

In Connecticut, the defendant must prove the following elements to successfully use this defense:

• Knowledge of the Danger: You must have actual knowledge of the risks involved in the activity.
• Understanding the Risks: You must fully comprehend what could happen if the danger occurs, like understanding that a fall could cause injury.
• Voluntary Exposure to the Risks: You must have willingly chosen to take on the risk of injury by engaging in the activity.

It’s important to note that while this defense is broad, it doesn’t apply in every case. For example, if a worker at the gym didn’t secure your safety equipment properly, the defense may not apply. Each case is unique, so it’s important to consult a personal injury attorney who can evaluate your specific situation.

What Does the Assumption of the Risk Mean for You?

While the defense may sound straightforward, interpreting these elements can be complex. Some key questions that may arise include:

• How can the other party prove you truly understood the risks involved?
• Was your participation really “voluntary,” or were there other factors at play?
• What exactly counts as a “danger”?

These questions depend on the specific details of your case, and it may not be enough to simply state that you didn’t understand the risks. For example, if you said to a friend before jumping off a building, “I might break my leg,” this could be used to show you understood the risk.

Exceptions to the Assumption of the Risk Doctrine in Connecticut

There’s one important exception to this defense under Connecticut law: professional negligence. Even if you signed a waiver acknowledging certain risks—such as those related to a medical procedure—you can’t waive your right to sue for professional malpractice. In these cases, the assumption of risk defense won’t apply, as professionals can’t use contracts to avoid their duties.

However, the defense may apply in situations like the rock wall example if you signed a waiver acknowledging the risks involved in that activity.

What to Do If You’re Facing an Assumption of Risk Defense

Even if you signed a waiver or were aware of certain risks, it’s still important to discuss your case with a knowledgeable personal injury lawyer. The best way to understand whether the assumption of risk defense will apply in your case is to speak with a legal professional who can evaluate your situation.

At Bert McDowell Injury Law, we can help you navigate complex defenses and work to protect your rights.

Contact Bert McDowell Injury Law for Help with Your Case

If you’ve been injured and the assumption of risk defense is raised in your case, don’t face it alone. Our team can guide you through the legal process and help you understand your options.

Call Bert McDowell Injury Law Today

For a FREE consultation, call us at (475) 231-3274 or contact us online. We’ll evaluate your case and help you take the next steps in seeking justice.