Has he had that conversation with you yet? Has your Denver motorcycle accident attorney spoken to you about assumption of risk?
What Is Assumption Of Risk?
There are a few personal injury cases in which a defendant that is facing the lawsuit is going to argue that the injured person or the plaintiff had already assumed the risk of getting hurt or injured. He would argue that this was a willful act and that the plaintiff willingly participated in an activity that resulted in the said injury. In such a case it will be assumed that the plaintiff was in fact aware of the repercussions of the activity and knew that the end result could be dangerous. Your Denver motorcycle accident attorney would explain to you how it works in your case if you had previously agreed to any such activity.
This however, is a very peculiar situation. Assumption of risk is going to apply to lawsuits that are about contact sports such as basketball or football and other activities that involve several individuals taking part and assuming the risk associated with that activity.
A very important and key aspect of a successful “assumption of risk” defense is that the harm suffered by the plaintiff must always be very closely related to the risk that was inherent in the activity performed. This means that if the plaintiff has agreed to play a friendly game of organized basketball at their health club, they have probably assumed that they will get elbowed or pushed or shoved inadvertently by other participants. So if they fall or break any of their joints or get injured, they have already assumed this much risk.
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