Peekskill, NY asked in Personal Injury for New York

Q: What does assumption of risk mean?

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1 Lawyer Answer
Mark A. Siesel
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  • White Plains, NY
  • Licensed in New York

A: Assumption of risk is a defense asserted by defendants in cases where it is claimed that the activity that the plaintiff was engaging in was risky, such as skiing, skydiving, bungee jumping, or a whole list of sports such as basketball, football, hockey and lacrosse, as a few examples. The defendant makes the argument that the plaintiff knew the activity had implicit dangers but engaged in it voluntarily, and thus should not recover damages for injuries incurred in performing the activity. This defense is sometimes successful, but not always.

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