How Do You Express Assumption of Risk?
It should be common knowledge that you run the risk of being injured in a fatal fall or accident if you love to rock climb. However, this risk is rare. You assume degrees of risk with every action you undertake, whether it’s driving, swimming, or rock climbing. Many organizations will have you sign an assumption of risk document. This will waive your rights to seek a settlement if you are ever hurt, no matter how badly. If you ever are involved in a personal injury accident, hire a personal injury lawyer in Lakewood.
Assumption of risk
Your lawyer will tell you that California follows the assumption of risk law. If you are ever hurt in a personal injury accident, California’s assumption of risk law will bar you from seeking damages. Under this law, it is assumed that you were well aware of the risks associated with your actions (say bungee jumping), but that you engaged in the activity anyway.
If you go skiing or engage in any other type of risky activity, you will be asked to sign a waiver. This rests on contractual assumption. Your personal injury lawyer will tell you that you can not seek any damages for a personal injury accident because you acknowledged that you were aware of any and all risks associated with the activity when you signed the waiver.
However, the expression of the assumption of risk that the waiver discusses is only valid if both parties mutually agree with the expression. The agreement may also not be contrary to the public interest. If the waiver tries to excuse the defendant out of all duties of care, the courts will not recognize it.
Negligence does not apply if you can prove that the defendant tried to put you in danger through a particular activity. You can indeed sue the defendant for damages even if you signed a waiver if the defendant knowingly gives you a bad swimming board. In this case, the defendant failed to act with the degree of care that he or she was supposed to. If the defendant is liable, he or she is liable and any signed waivers will not be legally recognized. Waivers are also illegal if the defendant tried to dupe or hide certain stipulations of the waiver from the plaintiff.
Negligence is not universal
Negligence is not universal. You can see that there are some exceptions to the negligence defense. You can indeed win a personal injury case in court, even if you have signed a waiver if you have a good personal injury lawyer and you know the information in this article.