Engaging in thrilling activities, such as driving your car at a fast speed, can be fun. However, they can result in consequences. Assumption of risk is a legal doctrine that a defendant may use in a personal injury case. The insurance company of the defendant party might employ the assumption of risk to reduce the compensation they have to pay you potentially.
Nevada law is complex. It is crucial to have a comprehensive understanding of the assumption of risk to protect yourself. If you have been in a car accident in Nevada where the other party is using assumption of risk, you should call an attorney immediately. If they succeed in proving their case, you could go home empty-handed.
Understanding the assumption of risk
“Assumption of the risk” is used by someone when they get involved in an accident where the other party is injured during a dangerous activity. This concept says that the other party is responsible for their own injuries because they were fully aware of the risk when they chose to participate in the activity.
When the defendant party is able to use this defense successfully, they are released of the liability of the plaintiff’s injuries and damages. This is because since the plaintiff knew about the risk, they should have refrained from getting into the situation.
Common examples of expressed assumption of the risk in Nevada
Many people in Nevada engage in risky activities, and some do not even know it. In a lot of these activities, the participants are first required to sign a consent form or an “assumption of risk” waiver, which releases them of liability in case something happens. Examples include:
- Skydiving
- Performance racing
- Water and amusement parks
- Gym and fitness facilities
- Rock climbing
Implied assumption of the risk
In some situations, the signature of the individual is not required. Some situations are clearly dangerous enough for every adult to comprehend the risks.
For example, most people understand that driving near a drunk driver is a dangerous activity. The driver is not sober enough to drive properly, which can harm them. However, if someone still chooses to drive near them and end up being injured, they may be liable for their own injuries.
If the judge or jury finds that you, the plaintiff, ignored the inherent risk, your compensation could be reduced or even entirely eliminated. This is why it is important to have strong legal representation by your side. Talk to a law firm and hire an attorney today.