What Is Assumption of Risk in a Personal Injury Case?

TL;DR: Assumption of risk is a legal doctrine that may limit or affect compensation when someone is injured while voluntarily participating in an activity with known risks. However, assuming a risk doesn't automatically prevent you from recovering damages. Whether you can still file a personal injury claim in California depends on the circumstances of the accident, the conduct of the other party, and whether they acted negligently or recklessly.

Table of Contents

What Is Assumption of Risk? Primary vs. Secondary Assumption of Risk Common Examples of Assumption of Risk Can You Still Recover Compensation? Frequently Asked Questions

What Is Assumption of Risk in a Personal Injury Case?

You don't have to think very hard to come up with activities that involve some level of risk. Riding a motorcycle, skydiving, playing contact sports, or even sitting behind home plate at a baseball game all come with obvious dangers. But if you're injured, does that automatically prevent you from recovering compensation? Not necessarily.

Assumption of risk comes into play when someone chooses to participate in an activity knowing there are certain risks involved. If an injury happens, the question isn't just whether the activity was dangerous—it's whether the injury resulted from an expected risk or from someone else's negligence.

In other words, simply choosing to participate in a risky activity doesn't automatically prevent you from pursuing a personal injury claim.

Primary vs. Secondary Assumption of Risk

California recognizes different forms of assumption of risk, and understanding the difference can help explain why some claims move forward while others do not. Primary assumption of risk generally applies when the risks are considered an inherent part of the activity itself. These are risks that participants or spectators generally expect when choosing to take part in those activities.

For example:

A snowboarder falls while going down a steep slope.
A baseball spectator is struck by a foul ball.
A soccer player is accidentally kicked while competing for the ball.

Secondary assumption of risk is different. It may apply when another party owed a duty of care, but the injured person knowingly encountered a particular risk anyway. Imagine a customer notices a wet floor inside a grocery store but decides to walk through the area anyway. If they slip and fall, both the property's maintenance and the customer's own decisions may become part of the legal analysis.

In California, these situations are often looked at alongside comparative negligence, meaning more than one person can share responsibility for what happened.

Common Examples of Assumption of Risk

The easiest way to understand what assumption of risk is is to look at real-world examples.

Recreational Sports

Suppose you join an adult basketball league and get accidentally elbowed while going up for a rebound. While nobody enjoys getting hurt, bumps, collisions, and physical contact are simply part of the game. Those are the kinds of risks players generally accept when they step onto the court.

Fitness Centers

Let's say you sign a waiver before working out at your local gym. During your workout, a cable on a weight machine suddenly snaps because it wasn't properly maintained. While you accepted the normal risks of exercising, you didn't assume a risk created by faulty equipment or poor maintenance.

Amusement Activities

You decide to go to a rock-climbing gym and sign a liability waiver there. If an employee ignores important safety procedures, the business may still be responsible for your injuries despite the waiver.

Such cases illustrate an important point: express assumption of risk, such as signing a liability waiver, doesn't always eliminate a person's right to recover compensation. Likewise, implied assumption of risk may arise simply from voluntarily participating in an activity where the risks are obvious, even without signing any documents.

Can You Still Recover Compensation?

One of the biggest misconceptions is that assuming a risk automatically means you lose your case. That's not necessarily true. Whether the assumption of risk defense applies depends on various elements, including:

The type of activity involved
Whether the risk was inherent to that activity
Whether another person acted negligently
Whether reckless or intentional conduct occurred
The available evidence for a personal injury claim

For example, a skier accepts that falling is a normal part of the sport. But that doesn't mean a ski resort can ignore safety hazards and avoid responsibility. Similarly, signing a liability waiver doesn't automatically prevent you from filing a claim if negligence played a role in your injury.

Because these cases often entail detailed legal analysis, it's worth having a trusted Los Angeles personal injury attorney evaluate the circumstances before assuming you don't have a claim.

If you believe someone else's negligence contributed to your injuries, contact our injury law firm in North Hollywood to schedule an appointment. At Yepremyan Law Firm, we offer free consultations to ensure injured victims receive proper support when they need it most. Our injury attorney in North Hollywood works on a contingency basis for all personal injury matters. No recovery, no fee.

Frequently Asked Questions

Can I Still Recover Compensation if I Knowingly Participated in a Dangerous Activity?

Yes, you may be able to. Just because you knew an activity involved some risk doesn't automatically mean you lose your right to recover compensation. It often comes down to whether your injuries were caused by an expected risk or by someone else's negligence.

Does Signing a Liability Waiver Mean I Cannot File an Injury Claim?

Not always. A signed waiver doesn't automatically prevent you from filing a claim. In some situations, you may still have a case, especially if the injury was caused by negligence or unsafe conditions.

Can Another Sports Participant Be Liable for Reckless or Intentional Conduct?

Yes. While players generally accept the normal risks that come with sports, they don't usually assume the risk of reckless or intentional behavior that goes beyond ordinary play.

Can a Business Be Liable if Poorly Maintained Equipment Caused My Injury?

Yes, it can. If a business failed to properly maintain its equipment or ignored a safety issue that led to your injury, it may still be held responsible.

*No Legal Advice Intended. This website includes general information about legal issues and developments in the law. These materials have been prepared for general informational purposes only and are not intended to be legal advice. Please consult an attorney for legal advice pertaining to any particular legal matter. Use of and access to this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and Yepremyan Law Firm and any of its attorneys, employees, or associates.