Articles Tagged with assumption of risk

Folsom Water Sport Accident Attorney
FOLSOM WATER SPORT ACCIDENT LAWYER

I’m Ed Smith, a Folsom Personal Injury Lawyer. It may be a few months before people in the rest of the country head out to lakes and rivers for some fun on the water, but Californians are blessed with some of the best weather in the country. Many take to the ocean, to rivers, and/or to lakes on the weekend to unwind with friends and family. Water sports like boating, jet skiing, water skiing and tubing are all popular throughout the country. As a Folsom water sport accident lawyer, and personal injury attorney for over three decades, I’ve helped countless victims recover compensation for injuries caused by the negligence of others.

Many of us engage in recreational activities and sports that expose us to the slight but not inconsequential risk of getting hurt while involved in the activity. We may join an adult softball league or enroll our kids in school sports. The adrenaline junkies among us may choose skydiving or mountain climbing. And every year, a certain number of people get injured — sometimes seriously — as a result. When this happens, is someone legally liable for those injuries?

assumption of risk
Answering this question will often involve a legal concept called “assumption of risk,” which can be broken down into two categories: primary assumption of risk and secondary assumption of risk. The question in primary assumption of the risk is whether there was any duty at all owed to the injured person to protect that person from risks inherent in the activity. If there was a duty owed, then secondary assumption of the risk addresses whether the injured person voluntarily chose to ignore the additional risk posed to them by a breach of this duty.