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Assumption Of Risk

Assumption of risk means you voluntarily took on the known dangers of an activity, so you may not be able to sue someone else for injuries that result.

What it actually is

It is a legal defense that argues the plaintiff knowingly and willingly accepted the hazards inherent in a situation, such as riding a roller coaster or attending a baseball game. In a case, the defendant must show the plaintiff had actual knowledge of the specific risk, understood it, and voluntarily chose to encounter it.

Why it matters in your case

If the court finds you assumed the risk, the defendant can be completely or partially excused from liability, potentially reducing or eliminating your compensation. This shifts focus from whether the defendant was careless to whether you knowingly accepted the danger in the first place.

The common misunderstanding

Many people think signing a waiver always means they assumed all risk, but courts often require the waiver to be clear and specific about the exact hazard that caused the injury. Likewise, assumption of risk is not the same as being generally careless—it depends on your actual awareness of the particular danger.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.