Overcoming Assumption of the Risk Claims in Personal Injury Cases
The thrill of doing an adventure sport, let’s say bungee jumping, can turn on its head, if God forbid, something terrible happens to you in the middle of the activity. Though you very well knew it was an inherently dangerous sport and even signed the waiver the organizers gave you, it’s most likely you’d pin down the accident to some negligence of their part. Letting them go off the hook, although you performed the activity under their supervision is definitely not on the cards. Despite all the arguments they put forth saying you willingly signed the waiver, you will want to fight them tooth and nail for all the misery that has come your way, due to their adventure has gone totally wrong. It is at the time you’ll be in dire need of the counseling and legal services of a personal injury lawyer in OKC, or elsewhere, to let your voice be heard above all their arguments.
The Reality
When you take the call to file a lawsuit, the company or individual in all probability will also lawyer up and throw up a couple of legal defenses in order to avoid facing the wrath of the law. One common line of defense defendants normally put forth is the assumption of risk. Here the complainant will vehemently argue that you knowingly engaged in dangerous behavior, and therefore it is quite evident you accepted the risks that were inherent to it. This legal construct states that the defendant did not owe you a duty of care since you partook of the activity and its associated risks voluntarily. And so they will argue fervently for the successful use of the assumption of risk doctrine to stop you from seeking compensation for your personal injuries.
Sever the assumption of risk
Even though companies believe the assumption of risk is broad, they are still many ways in which you can ride over this defense. For example, if you can prove that the defendant, did not offer you adequate protective gear or behaved in a manner that moderated the risks associated with the activity, their defense will tumble down like Humpty Dumpty falling off the wall.
How can a lawyer help you?
As every case is different, and to know where you stand, you must discuss the facts of your case with an experienced personal injury attorney in your state. If, in Oklahoma and Tulsa, contact the Burton Law Group who has a number of efficient personal injury lawyers in Tulsa and Oklahoma to help you through your case. Keeping your best interests at the top, they will help you obtain a better recovery and relieve you of your stress.