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What Is Assumption Of Risk And How Does It Affect A Personal Injury Case?

When you’re injured due to someone else’s negligence, the path to compensation seems straightforward, right? Not always. Defendants have a toolkit of defenses to mitigate their responsibility, and one of those tools is the “assumption of risk.” But what does this mean for your personal injury case? At The Horwitz Law Group, we unravel these legal complexities, ensuring you’re not just heard, but understood. Let’s dive into how assumption of risk could affect your case.

What is Assumption of Risk?

In the realm of personal injury law, assumption of risk is a defense mechanism that can turn the tables on a negligence claim. It operates under the principle that if you voluntarily expose yourself to a known danger, you cannot later seek damages for injuries resulting from that danger. It sounds straightforward, but its application is anything but. From “no trespassing” signs to waivers signed before engaging in high-risk activities, the assumption of risk is broad, encompassing various scenarios where risk is deemed obvious.

The Implications for Plaintiffs

At face value, the assumption of risk might seem like a full stop to your compensation claim. However, the narrative doesn’t end there. For a plaintiff, it’s crucial to demonstrate that despite any perceived assumption of risk, the defendant failed in their duty of care, directly leading to your injury. Even if there was an element of risk known to you, it doesn’t absolve the defendant of their obligations or their negligence.

Moreover, the concept of comparative negligence adds another layer. In many jurisdictions, this doctrine allows for the possibility that both parties bear some level of fault. This doesn’t close the door on compensation; rather, it adjusts the lens through which liability is viewed, ensuring that damages are allocated in a manner reflective of each party’s degree of fault.

Expressed vs. Implied Assumption of Risk

The distinction between expressed and implied assumption of risk is crucial. Did you sign a waiver, or was your acceptance of risk merely implied by your actions? This difference can significantly impact your compensation claim. 

When the assumption of risk doctrine is invoked, it questions whether you, the plaintiff, knew of the risk and were willing to accept it. Through meticulous examination of your case, an attorney can dissect these claims, demonstrating that knowledge of a risk does not equate to acceptance of negligent conditions.

Your Path to Justice Begins Here

The assumption of risk can be a daunting hurdle in a personal injury case. But with The Horwitz Law Group by your side, it’s a challenge we’re equipped to meet. Our experience and dedication are your assurance that no stone will be left unturned in our pursuit of the compensation you deserve. We help clients develop an effective case, allowing them to seek the damages that they are entitled to. 

If you’re facing the complexities of a personal injury case, don’t navigate this journey alone. Contact us today to schedule a consultation to explore your legal options.



Case Results


for a motor vehicle wrongful death case.


for a 75-year-old woman who suffered an above the knee amputation due to being run over by a private school bus.


for a young lady who was run over by a private waste hauling company while crossing the street.


for a trucking accident resulting in the death of the driver.


for a 70 year old man who died, without any living relatives, seven months after being hit by a car while crossing the street.


for a client whose family was killed by a street sweeper that ran a red light.


for a client injured in a 2005 Metra train derailment case.


for a minor rear-ended on an expressway in Kankakee.


for a premises liability accident resulting in below the knee amputation.


for a woman who was hit by a car while crossing the street.


for a client who was injured on the CTA red line train.


for a bicyclist hit by a car.


for a passenger injured in a rideshare rollover accident.


for a rideshare accident injury.


for a low-speed rear-end accident.


for injuries in a van accident pulling a trailer.


for a minor injured in a ride-share accident.


for a pedestrian injured due to a sidewalk defect.


for a passenger injured in a rideshare rollover accident.


for a driver injured in an auto accident.


for injuries from a right-turning truck.


for a family injured in an auto accident.


for a law enforcement officer rear-ended by a truck.


for a motorcyclist rear-ended.


for an individual injured by a dog.


for a bicyclist hit by a car while crossing the street.


for a driver rear-ended on the expressway.


for a client who had lawyers at another law firm trying to settle the accident case for only $60,000.

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