When someone is injured while playing sports or engaging in another recreational activity, the injured party may be able to seek financial compensation for their injuries against the responsible parties through a California personal injury lawsuit. However, the doctrine of assumption of the risk can act to bar some plaintiffs’ lawsuits when the activity at issue is inherently dangerous and comes with well-known risks.
The idea behind the assumption of the risk doctrine is that plaintiffs are in the best position to avoid known risks associated with certain activities. If a plaintiff choses to disregard a known risk and engage in the activity nonetheless, courts will not hold a defendant liable when a plaintiff is injured due to the presence of a known risk. However, there are exceptions to the assumption of the risk doctrine, one of which is when the defendant creates an additional risk that is not normally present when engaging in the recreational activity.
A recent California personal injury case illustrates one plaintiff’s attempt to establish an exception to the general assumption of the risk rule. While the plaintiff was unsuccessful in convincing the court, the case is important in understanding the assumption of the risk doctrine.