Assumption of Risk Defense
When this defense protects defendants - and when it doesn't.
What is Assumption of Risk?
Assumption of risk is a legal defense where defendants argue the injured person voluntarily accepted known risks. In sports, this means players accept normal sports risks.
However, this defense has important limitations that often allow sports injury lawsuits to succeed.
Defense Applies:
Inherent Sports Risks
Players accept normal risks of the sport. Getting tackled in football or checked in hockey are inherent risks.
Visible Known Hazards
Athletes are expected to accept obvious risks they can see and avoid.
Voluntary Participation
Choosing to play the sport shows acceptance of its natural risks.
Defense Doesn't Apply:
Gross Negligence
Assumption of risk doesn't protect against reckless or intentional misconduct.
Hidden Dangers
Schools are liable for dangerous conditions athletes couldn't know about.
Protocol Violations
Violating concussion protocols or safety rules creates liability.
Defective Equipment
Product liability claims aren't blocked by assumption of risk.
Youth Sports
Minors have higher protections. Waivers often don't apply to children.