If you have knowingly and voluntarily assumed the risk inherent in a particular action that caused an accident, you cannot sue the other person for negligence if you get hurt. For example, if you see a sign that says “do not touch – hot” but you touch the object anyway and burn your hand, you may be found to have “assumed the risk.” This would prevent you from recovering any money. Another common example of assumption of risk is participation in a sport in which certain risks are inherent to the game. For instance, if you are playing football and you get tackled and break an arm, you may not sue the person who tackled you. On the other hand, if you are playing tennis and a fight breaks out and you are hit in the head with a racket, you may be able to sue the person who hit you, since the assumption of risk does not cover any injury that was intentionally inflicted and not an inherent part of the game.
Other Legal Terms FAQs
What is negligence?
In its most simple definition, it means that someone was careless and as a result of being careless, someone else was injured. Negligence serves as the basis for a …
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What does “duty” mean in a negligence lawsuit?
When talking about negligence, duty is the legal obligation that the law imposes on us to protect and respect the safety of others around us. That means doing …
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What is Contributory Negligence?
The term “contributory negligence” is used to describe the actions of an injured person that may have also caused or contributed to his injury. For …
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What is Comparative Negligence?
Comparative negligence works on a percentage basis to assign a degree of fault for the injuries suffered. For example, in a case where a person slips and falls on a …
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What is strict or absolute liability?
Some persons or companies may be held “strictly liable” for certain activities that harm others, even if they have not acted negligently or with wrongful …
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