Assumption of Risk & Personal Injury Lawsuits

For certain types of personal injury cases, one concept that might come up is called an “assumption of risk.” Assumption of risk is a defense that parties accused of negligence might use to argue that they cannot not be held legally liable for a person’s injuries. 

For example, if you go to a sporting event, you might see signs posted that the venue is not responsible for injuries if a ball or hockey puck goes into the stands and hits a spectator. Or if you join a gym, you might be asked to sign a waiver stating that the gym isn’t liable if you fall while using a rock wall or are injured while using other gym equipment. A home might have a “Beware of Dog” sign posted on their gate. These are all very common examples of assumption of risk situations, where a business or property owner tries to limit their legal liability in situations where there are known safety risks. 

An assumption of risk defense could also come up in defective product cases. In this situation, a product manufacturer might argue that a product has obvious hazards that a person should reasonably know to expect. Kitchen knives, for instance, are expected to have sharp blades, so a knife manufacturer would likely argue that they can’t be responsible if a customer cuts themselves on the blade. Or if a person is aware that a product has a dangerous defect and gets injured after deciding to use the product anyway, the manufacturer could argue that the customer knew the risks involved.

If you’ve been injured and a property owner/tenant or product manufacturer is trying to use an assumption of risk defense, it’s very important to get in touch with a personal injury lawyer for help. Cases involving assumption of risk can be complex, and even if signs are posted or if you’ve signed a waiver, you may still be legally entitled to collect damages. Things like waivers and signs don’t necessarily provide a blanket legal defense for companies and property owners to avoid all responsibility for injuries that may happen on their property. A lawyer will be able to help you understand how the law applies to your specific situation.  

Contact a Michigan Personal Injury Lawyer

At Scott Goodwin Law, we’re experienced in handling a wide range of personal injury cases in the state of Michigan, including dog bites, slip and fall accidents, and defective product injuries. We’ll be able to answer any questions you have and work with you to understand how the law applies to your unique situation. Contact us today to schedule a free consultation.