Have you ever heard someone say, “Well, you knew what you were getting into?”
While this may be a slightly offhand remark in normal circumstances, in the world of slip-and-fall cases and personal injury, it has a name: assumption of risk.
Understanding this legal defense and its role in your slip and fall case can help protect your rights and build a stronger case for the compensation you deserve–and show why having a slip and fall attorney on your side may be the determining factor.
What is Assumption of Risk in a Personal Injury Claim?
Assumption of risk is a legal principle that allows the plaintiff (the injured person) to share some responsibility with the defendant if the plaintiff was aware of the risk of injury at the time of the accident.
The defense attorney often uses the assumption of risk defense to help relieve their client of responsibility or, at the very least, partial responsibility.
In cases where the assumption of risk defense is used, the defendant must prove that the injured person had real knowledge of the risk that caused their injury and that they went through with their actions freely and willingly.
Express vs. Implied Assumption of Risk
Assumption of risk is often separated into two categories: express and implied.
Express Assumption of Risk
Express assumption of risk is a direct agreement by the plaintiff to accept the risks involved in the activity that led to their injury. The most common example of this type of risk is a signed liability waiver.
The waiver serves as a written contract, indicating that the plaintiff understood the risks involved and agrees not to sue for injuries in the event of an incident.
But wait, doesn’t signing a waiver remove the ability to seek compensation? Not necessarily.
Courts don’t always enforce these agreements, specifically if they are poorly worded, cover risks beyond the scope of the activity, or if the injury resulted from reckless or intentional misconduct.
Implied Assumption of Risk
The implied assumption of risk is just that–an assumption. It is assumed from the plaintiff’s conduct and their specific set of circumstances surrounding the injury that they were aware of the risks involved in the activity, but chose to continue despite these risks.
Within the implied assumption of risk, there are two subcategories: primary and secondary.
The primary implied assumption of risk means that you understood the risk of the activity, but continued anyway. For example, if you go skiing and break your leg, you cannot seek compensation because you knew that a physical activity of this intensity could result in an injury.
Secondary implied assumption of risk means that the defendant had a duty of care to the plaintiff, breached it, and the plaintiff knowingly chose to proceed. For example, if you are shopping and see a spill on the floor but decide to walk across it anyway, you are engaging in a secondary implied assumption of risk.
Why Having a Slip and Fall Attorney Near You For Representation Can Help Your Case
South Carolina operates under the “comparative negligence doctrine,” meaning that if the injured party is found to be partially at fault, it can affect their ability to receive full compensation.
A slip and fall injury can present a perfect space for the assumption of risk defense, with much left to the decision of the court to decide if you knowingly entered into a risky situation or not.
At Hoffman Law Firm, our skilled team of slip-and-fall lawyers understands the complexities of these cases and the defense tactics used to shift blame. With our help, we can fight for your right to the compensation you deserve.
Leave it to the Team at Hoffman Law Firm
Understanding the legal defenses in a slip-and-fall case can be overwhelming, especially during recovery.
That’s why we suggest you leave it to Hoffman.
As one of the leading personal injury law firms near you, our team has a longstanding reputation for helping Lowcountry residents receive the compensation they deserve and ensuring that all parties are held accountable.
After a bus accident in Charleston, Georgetown, or anywhere else in South Carolina, trust the injury lawyers at Hoffman Law Firm to put our decades of combined experience to work for you.
Schedule your free consultation to see for yourself!
Fees calculated before deducting expenses from recovery. Responsible Attorney I David Hoffman, 7087 Rivers Avenue, N. Charleston, SC 29406
