If you get hurt in an accident in Nevada and suspect that someone else is to blame, you may qualify for financial compensation from this party for your injuries and medical costs.
A potential challenge you may encounter, however, is the “assumption of risk” defense. A Las Vegas personal injury attorney can help you understand and overcome this defense.
Understanding Assumption of Risk Defense
“Assumption of risk” in a personal injury claim is a defense that attempts to place some or all of the blame for an accident on the plaintiff or injured party.
It is an effort by the defendant, or accused party, to shift liability to the plaintiff by claiming that the victim voluntarily accepted the risks associated with a certain action or activity.
The assumption of risk doctrine can apply to cases involving activities that may be perceived as risky or that come with a higher than usual risk of harm, such as contact sports, extreme sports, amusement park rides, animal handling or the use of recreational vehicles.
These activities may come with implied or express assumptions of risk, with or without liability waivers.
How Assumption of Risk Affects Personal Injury Claims
The assumption of risk defense can impact or eliminate a plaintiff’s ability to recover financial compensation for an injury.
If the defendant successfully proves that the victim voluntarily and knowingly accepted a risk of harm, this could invalidate the personal injury claim.
Since Nevada is a modified comparative negligence state, the allocation of a percentage of fault to the victim can reduce his or her payout by a matching amount.
If the victim is found to be more than 50 percent at fault for knowingly participating in a risky activity, however, he or she cannot recover damages at all.
Types of Assumption of Risk in Personal Injury Law
A defendant in Nevada could use many different types of assumption of risk defenses to protect against liability. Examples include:
- Express assumption of risk: liability waivers and signed agreements
- Implied assumption of risk: voluntary participation in known dangerous activities
- Primary assumption of risk: activities that carry inherent or obvious dangers
- Secondary assumption of risk: activities known by the participant to be dangerous due to the defendant’s negligence
While defendants in Nevada have a legal duty to protect individuals from negligence, they typically do not have a duty to protect from inherent or obvious dangers.
Therefore, implied and express assumption of risk can bar a personal injury claim.
Overcoming Assumption of Risk Defenses in Nevada
Assumption of risk does not automatically prevent an individual from collecting financial compensation for a preventable injury in Nevada.
There are certain circumstances where a defendant cannot use the assumption of risk defense to avoid liability, such as:
- An invalid or unenforceable liability waiver
- The defendant’s degree of negligence exceeded normal risks
- The defendant is guilty of gross negligence or reckless conduct
- The individual was not aware of specific dangers
- There were hidden dangers and inadequate safety warnings
- Defective parts or equipment caused the injuries
- The premises contained undue hazards or injury risks
- The defendant violated safety regulations or standards
The best way to protect your personal injury rights against the assumption of risk defense is by hiring an experienced personal injury attorney to represent you during your legal matter.
Edward Bernstein & Associates has had immense success fighting assumption of risk defenses and maximizing client payouts. Contact us for a free consultation, where we can evaluate your specific case in detail.