# How Does Assumption of Risk Work in a New York Personal Injury Case? | Edelman, Krasin & Jaye **Table of Contents***[*Expand*]* 1. What Is Assumption Of Risk? 2. Types Of Assumption Of Risk In Personal Injury Cases 3. How To Navigate Assumption Of Risk In Your Case 4. Our Attorneys Will Help You Win The Benefits You Deserve ![Gavel and scales of justice beside a hand signing a document](https://ekjlaw.com/wp-content/uploads/2023/05/EKJ-6-1.jpg) # How Does Assumption of Risk Work in a New York Personal Injury Case? During a personal injury case, the defendant will always try to find ways to avoid liability. Sometimes, their lawyer may use the “assumption of risk” doctrine. They’ll argue that you were fully aware of the dangers involved and their client should not be held responsible for anything. If you think the assumption of risk could work against you, understanding how to navigate it is crucial to helping you win your claim. ## What Is Assumption Of Risk? [Assumption of risk](https://www.law.cornell.edu/wex/assumption_of_risk) is a legal principle that holds a person doing a dangerous activity responsible for their actions. If you understand the risk behind doing something, no one else can be held liable. The defendant may use this argument to eliminate liability in personal injury cases. For example, if you choose to go mountain biking and you sue the company, they may argue that you already assumed liability by participating. The defendants’ success will ultimately depend on your case’s details. For a free legal consultation, call [(800) 469-7429](tel:+18004697429) ## Types Of Assumption Of Risk In Personal Injury Cases There are a few main types of “assumption of risk,” and each can significantly influence a personal injury case’s outcome: ### Express Assumption Of Risk Express assumption of risk happens when you’re fully aware of the risks associated with something you’re doing. You usually sign a [liability waiver](https://ekjlaw.com/faqs/how-to-overcome-a-liability-waiver-during-a-personal-injury-claim/) or submit another formal agreement before participating. In these instances, you have openly consented to relieve the person or business in charge of any responsibility. ### Primary Assumption Of Risk Primary assumption of risk refers to situations involving inherent risks, such as football games and other contact sports. For example, you can’t sue another football player if they injured you during a game because getting hurt is a significant part of the sport. ### Implied Assumption Of Risk Implied assumption of risk isn’t as straightforward, and it mainly applies to someone’s actions or general understanding of a situation without needing a formal agreement.  For example, if you go to a baseball game, there might be a chance you get hit by a foul ball. There may not be specific warnings, but by attending the game, you acknowledge that you accepted this risk as part of the experience. ## How To Navigate Assumption Of Risk In Your Case Navigating an assumption of risk defense in your claim can be challenging but not impossible. You’ll need to prove you weren’t fully aware of the risks involved or the defendants’ negligence or reckless behavior caused contributed to your injuries. Hiring an experienced personal injury attorney will assist you with gathering everything you need to build a strong case. [Click to contact](https://ekjlaw.com/contact-us/) our attorneys today ## Our Attorneys Will Help You Win The Benefits You Deserve Facing an assumption of risk defense doesn’t mean it will automatically be dismissed. Whether you’ve been injured at work or during a recreational activity, our [personal injury lawyers](https://ekjlaw.com/) will work with you to build a strong case and hold the other party responsible for their actions. Please [contact us](https://ekjlaw.com/faqs/) online or call us at (866) 442-0513 if you have any questions or to schedule a free consultation today. 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