What Is Assumption of Risk in a Personal Injury Case?

Some activities, like contact sports or hiking, come with obvious risks. In Tennessee, the “assumption of risk” defense can limit or block compensation if you knowingly took part in something dangerous. But getting hurt doesn’t always mean you’re out of options. If someone claims you knew what you were getting into, it’s crucial to understand how this defense works. How to challenge it when comparative negligence or unsafe conditions played a role in your injury often comes down to addressing the assumption of risk defense.

What Is Assumption of Risk?

Assumption of risk in personal injury lawsuits is a legal argument to avoid liability. The idea is simple: if you voluntarily choose to do something dangerous, you may be personally responsible for the following injury. It’s about consent to the risk, not consent to the harm.

The Core Principles of Comparative Fault in Tennessee recognize two forms of assumption of risk:

• Express assumption of risk applies when you sign a waiver or agreement before participating in an activity. Common examples include gym memberships, amusement parks, or sports leagues.
• The implied assumption of risk applies when someone voluntarily joins an activity posing obvious dangers, but without a signed waiver. Think of a spectator hit by a foul ball at a baseball game or a hiker on a marked “steep trail.”

Both forms boil down to the same thing: did the injured person knowingly accept the risks before participating?

When Assumption of Risk Applies in Injury Cases

This defense often arises in recreational or voluntary risk activities. If someone gets hurt doing something they chose, especially after a warning, the other party may claim they aren’t liable. Here are typical examples of where the assumption of risk defense may arise.

Sports and Recreational Activities

Injuries at sports events are classic cases. A player who breaks an ankle during a football game may not have a claim if the injury came from regular gameplay. However, liability could shift if poor field conditions or faulty equipment contributed to the injury.

Amusement Parks or Adventure Facilities

Someone signing a waiver at a trampoline park or zip line center typically accepts certain risks. However, the waiver doesn’t give the business a free pass. If they ignored safety rules or used defective equipment, that’s a separate issue of negligence or strict liability. 

Signed Waivers and Pre-Injury Agreements

Waivers are standard tools for trying to avoid responsibility. But not all are legally binding. In Tennessee, courts will look closely at how the waiver was written, whether it was clear, and whether it covered the kind of incident that occurred. You can’t sign away your rights in cases of gross negligence.

Dangerous Conditions with Clear Warnings

Sometimes, property owners post signs like “Swim at Your Own Risk” or “Enter at Your Own Risk.” These may limit liability, but only if the danger is obvious. Hidden dangers a reasonable person couldn’t expect often leave the door open for a claim.

While the assumption of risk can limit liability, it doesn’t excuse reckless behavior or override responsibility for dangers beyond what someone knowingly accepted.

Can You Still File a Claim If You Accepted the Risk?

Yes. In many cases, the assumption of risk defense doesn’t hold up under legal scrutiny.

For example:

• A pre-injury waiver might not cover the specific type of accident
• You may have agreed to some risk, but not the risk that caused the injury
• The other party may have acted with extreme carelessness, which can’t be waived away
• A business or organization may have failed to warn you about a known hidden hazard

It’s not uncommon for people to sign a waiver or participate in a risky activity and still have a valid claim when something goes wrong. Tennessee courts don’t automatically side with the defense because a waiver exists or a sign was posted.

Please read more about filing a claim for a motorcycle accident here: Filing a Claim After a Motorcycle Accident

How Assumption of Risk Can Affect a Personal Injury Claim

Assumption of risk doesn’t cancel your right to seek recovery. Courts look at what you knew, what you agreed to, and whether the risk matched what you accepted or went beyond it. Here’s how this defense can affect your claim.

It Can Shift the Blame

In Tennessee, you can still recover part of your losses if you’re found to be less than 50 percent at fault. However, the assumption of risk might push your share of fault higher, which could lower the amount you receive or cut you off entirely.

It Requires Clear Proof

To successfully claim assumption of risk, the person or business must prove that they knew the activity was dangerous, understood the specific risk involved, and voluntarily chose to participate anyway. The defense may not hold up in court if they can’t establish all three elements.

It Doesn’t Excuse Negligence or Faulty Products

Even if you accepted some risk, you agreed not to get hurt by someone’s reckless behavior. When negligence, product liability, or strict liability come into play, such as defective safety gear or failure to follow laws, the assumption of risk argument often falls apart.

In short, just because you took on some risk doesn’t mean the other party is off the hook, especially if their actions exceeded what you knowingly accepted. 

What You Should Do After an Injury Involving Risk

If you’re hurt while doing something “risky,” don’t assume you’re out of options. The other side may try to use the assumption of risk as a shield, but you still have rights. It’s worth talking to a Memphis personal injury attorney who can assess the whole picture, including whether the defense applies. Collect the following:

• Any signed documents or waivers
• Photos or videos of the scene
• Medical records and bills
• Witness statements, if available
• Any communication from the organization or business

The more documentation you have, the stronger your case will be, especially if the other side tries to argue you took on the danger willingly.

Talk to a Memphis Personal Injury Lawyer Today

If someone claims you “knew the risk” after an injury, don’t go it alone. At Gatti, Keltner, Bienvenu & Montesi, PLC, our Memphis personal injury attorneys handle cases involving sports injuries, amusement parks, waivers, and other high-risk activities. We know how to fight back against unfair blame and pursue the compensation you deserve to help you. Contact us today at (901) 526-2126 for a free consultation and learn more about your legal rights and options.