The “Assumption of Risk” doctrine states that a plaintiff should not be able to recover for injuries when the plaintiff willingly assumed the risk of the activity by participating in it. An example of this would be most sports-related activities such as soccer, football, or hockey. Each sport comes with a risk of injury since these are high-impact, contact sports. So, any willing participant in these sports would not be allowed to sue a coach or sports team for their injuries under the Assumption of Risk Doctrine.
Limitations of the Assumption of Risk Doctrine in California
The Assumption of Risk Doctrine protects individuals, property owners, and business owners from being sued by those engaging in a dangerous activity, but there are limitations to how much protection is offered. For example, let’s say a person is injured while competing in a flag football league. Under the Assumption of Risk Doctrine, they cannot sue the flag football league for damages. However, certain aspects of the injury may overrule the doctrine and allow them to sue for damages.
What if an opponent intentionally sought to harm and injure this player? What if the field was not maintained or kept in good condition to prevent injuries? These are risks that a person cannot assume, which may allow them to sue the liable parties for damages even though they engaged in a dangerous activity.
Do Liability Waivers Cover Assumption of Risk?
Liability waivers are common in recreational activities such as paintball, scuba diving, or going to the gym. If you’ve ever participated in any of these activities, you’re knowingly agreeing to the “assumption of risk,” that comes along with them and are voluntarily participating in a physical activity where injuries can occur.
Even though an assumption of risk applies to most activities, companies will usually require you to sign a liability waiver to protect themselves from being sued. For example, if you were to become a member of a gym, they would most likely have you sign a liability waiver before you’re permitted to work out. A liability waiver at a gym generally covers:
- Assumed risks: the voluntary assumption of risk clause states participants understand and voluntarily assume the risk, both known and unknown, associated with gym activity.
- Inherent risks: includes a list of risk-associated activities gym members normally engage in. These include:
- Strength and core training
- Weight lifting
- Sauna use
- Remote climbing sites
- Spin and yoga classes
- Rope swings
- Exercise machines
- Crate stacking
- All group activities
- Overexertion
- Lack of Training
- Liability waiver release: this clause releases the gym, and all its associates, from liability if a gym participant seeks damages
Can You Still Sue After Signing a Liability Waiver?
Filing a lawsuit against the responsible party can be complicated if you’ve signed a liability waiver. However, exceptions to liability waivers do exist if:
- A business or property owner violates California or federal law
- The terms of the contract are unethical, or morally wrong
- The person who had you sign the waiver used fraud, or misrepresentation to get you to sign the waiver
- You signed the waiver under duress
- You were injured due to gross negligence – when someone was injured intentionally, or an obvious danger was ignored and caused someone harm.
Proving any of these violations can be difficult, which is why it is recommended to consult with a Personal Injury Lawyer about legally overcoming an assumption of risk and liability waiver.
Contact a Personal Injury Lawyer in California
If you or a loved one has been injured and are concerned about your liability in the matter, our team of personal injury attorneys at Maison Law can help. Even if you feel like the accident was partially your fault, you still have the right to claim damages against the liable party. Our firm will investigate the circumstances of your accident and gather evidence to reach a successful settlement for your case.
Contact Maison Law today for a free, no-risk case consultation and case evaluation. No upfront money is required and you don’t pay a dime until your case is won.
