Participant Beware: Assumption of Risk

Posted in Injury Law

Most people have heard the term “assumption of the risk.”  In short, this means that a person who voluntarily and knowingly assumes risks inherent to a particular activity is barred from recovery should he or she be injured.

Believe it or not “assumption of risk” is not a viable defense to a negligence action in New Jersey.  There are instances in which the concept of risk assumption has been codified by statute (examples include skiing, roller skating and equestrian activities).  Usually these immunities act to shield the owner, organizer and others from liability in the event of injury.

These statutory immunities, combined with the general principals of contributory negligence and the facts of each case, will determine whether an individual has a viable claim for recovery.

Stark & Stark represents clients who have been injured in sports-related injuries.  If you would like to set up a free initial consultation here in my firm’s Lawrenceville, New Jersey office, please contact me.