Understanding The Concept Of Assumed Risk
After an injury in Florida, possibly if you were hurt while watching a sporting event in Clearwater, Hudson, or Tampa, you may hear of the legal concept of assumed risk. Assumed risk is a concept that is sometimes used to push back on a person’s or organization’s responsibility to pay for an injured party’s accident expenses.
In Florida personal injury law, the concept of assumed risk refers to the legal argument that the person looking to obtain a settlement for their injuries knew of the potential danger. And while they were aware of the danger, they voluntarily participated in the activity. So in the sporting event example, it could be argued that the individual who was injured when they were struck by a ball at a ballgame knew that there was the possibility of an injury when they took their seats, but they chose to engage in the activity anyway.
A Range of Situations Result in Assumed Risk Arguments
The assumption of risk defense can be used in an array of legal situations. For example, if you voluntarily take on a dangerous job, such as working in a construction site, the employer’s legal team could assert that you accepted the risks associated with the job. And because you acknowledged this risk, you cannot sue their employer for injuries sustained on the job.
But not every situation is clearcut. In fact, when it comes to Florida personal injury law, there are many nuances to explore. For instance, not all risks are assumed and the assumption of risk defense is not always applicable. If you were injured at work because an employer was negligent, such as the organization failing to properly maintain or fix equipment, they could be held liable for accident injury damages, fees and costs.
And even when assumption of risk does apply, it could be a partial defense. In situations where a partial defense is asserted, there could still be a level of liability. So a person or organization may pay for a percentage of accident expenses rather than being held accountable for !00% of medical bills and other losses. And if no third party is negligently involved, and Workers Compensation law applies to the subject workplace, your claim for injuries could be limited to what is allowed through workers compensation law.
Knowledge of Danger Must Be Proven
In order for an assumption of risk assertion to be successful, there needs to be solid evidence of the injured party being aware of the extent of the danger and their choice to participate. It can be extremely difficult to prove that someone understood the full extent of the danger they were encountering. Bring the details of your case to the attention of a Florida personal injury lawyer.
Could the legal concept of assumed risk be involved in your personal injury dispute? Whether you are seeking a full or partial settlement, a skilled attorney can review your case and share with you possible paths forward. Talk to the attorneys at Roman & Roman to learn more. With over 100 years of combined experience, our lawyers know the full value of claims and fight for client’s recovery needs. To get started, schedule your no-obligation, free consultation today.
Although the law firm of Roman & Roman has offices in Clearwater, Hudson and Tampa, we handle cases and claims throughout Florida. We also meet personally with our clients if at all possible, rather than impersonally over the phone or on the Internet.