Assumption of Risk in Personal Injury

On November 12, 2015, in Message/News Board, by John A. Weber IV, ESQ.

In the world of Personal Injury and General Tort Litigation, there is a concept referred to as “Assumption of Risk.”  This concept is a defense to the plaintiff’s claim that can defeat the entire claim.  Certain activities have inherent risks.  These risks are well known or should be known to the possible claimant.  In some scenarios, the plaintiff’s skill and experience in participating in a certain activity can form the basis of the defense.  The defense actually works to negate the duty of care owed by the defendant to the plaintiff.  The New York case law is flooded with cases where the assumption of risk defense is raised.  Although a common misconception is that this defense is only applicable for sporting events and recreational activities, it is also applicable to other scenarios.

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If you or a loved one are involved in an accident where you believe the assumption of risk doctrine could be asserted, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak with a personal injury attorney today!

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