July 9, 2026 | Personal Injury
In some personal injury cases, the defendant may argue that the injured person knowingly accepted the risks of a particular activity before the accident occurred. Although this defense can affect a personal injury claim, it does not automatically prevent an injured person from recovering damages.
Although assumption of the risk can affect a personal injury claim, it does not automatically prevent an injured victim from recovering damages. Understanding how this defense works can help you better evaluate your legal options after an accident.
What Does Assumption of the Risk Mean?
Assumption of the risk generally refers to a situation in which a person voluntarily engages in an activity while accepting the dangers that are associated with it. If someone voluntarily participates in an activity with obvious risks, they may have a harder time holding another person responsible for injuries resulting from those inherent risks.
However, assumption of the risk does not automatically prevent an injured person from recovering compensation. The specific facts of the case are often critical.
Why Does This Doctrine Exist?
The law recognizes that many everyday activities involve some degree of risk.
People routinely choose to:
- Play sports
- Ride bicycles
- Attend recreational events
- Participate in outdoor activities
- Exercise at gyms
- Use amusement attractions
The law does not require others to eliminate every possible danger associated with these activities. Instead, assumption of the risk acknowledges that some risks are unavoidable. Still, participants do not surrender all legal protections simply because they engage in a potentially risky activity.
When Does Assumption of the Risk Arise?
Assumption of the risk most commonly arises when someone voluntarily participates in an activity that has obvious or well-known dangers. Some examples include:
- Participating in contact sports such as football or basketball, where physical contact is expected
- Playing baseball, where players understand the risk of being struck by a ball
- Taking part in recreational activities like hiking, rock climbing, skiing, or boating
- Exercising at a gym, where physical activity and fitness equipment carry some inherent risks
- Attending sporting events, where spectators may be exposed to risks associated with the event
- Participating in adventure activities that involve known hazards
Although these activities involve inherent risks, assumption of the risk does not automatically prevent an injured person from pursuing a personal injury claim. Whether the defense applies depends on the specific facts of the case and whether the injury resulted from an accepted risk or another party’s negligence.
Does Signing a Waiver Mean You Automatically Lose Your Case?
Many people think that signing a waiver completely eliminates their ability to bring a lawsuit. That is not always true. Waivers may be relevant, but they do not necessarily protect defendants from liability.
The enforceability of a waiver often depends on factors such as:
- The wording of the document
- The circumstances surrounding its execution
- The nature of the conduct involved
- Applicable Arizona law
Whether a waiver is enforceable depends on the specific facts of the case.
What Is Comparative Fault?
Arizona follows a pure comparative fault system. Under this approach, liability for an accident may be divided among multiple parties.
If an injured person shares some responsibility for an incident, their compensation may be reduced. Their compensation will be reduced by their percentage of fault.
Assumption of the risk arguments are often closely connected to comparative fault. This is because both involve questions regarding personal responsibility and decision-making.
What Evidence Can Help Address Assumption of the Risk?
Strong evidence is often critical when assumption of the risk becomes an issue.
Some helpful evidence may include:
- Photographs and videos: Visual evidence can help demonstrate the actual conditions involved.
- Witness statements: Witnesses may provide important context regarding the circumstances of the accident.
- Safety policies: Written procedures can help establish what precautions should have been taken.
- Maintenance records: Poor maintenance can support allegations of negligence.
- Incident reports: Reports created after the accident may contain valuable information.
- Expert testimony: Experts may explain industry standards, safety requirements, and whether the risk was truly inherent or avoidable.
Gathering and preserving evidence can be critical to building the strongest case possible.
Contact the Scottsdale Personal Injury Attorneys at KRLG Injury Lawyers for Help Today
Assumption of the risk may be the most misunderstood concept in personal injury law. It does not mean that people have to give up their right to seek compensation for an injury.
If you have been injured and the defendant is claiming you assumed the risk, don’t take on the legal battle alone. Contact KRLG Injury Lawyers for a free consultation with a Scottsdale personal injury lawyer. We can explain your legal rights, evaluate your case, and help you pursue the compensation you deserve.
We serve Scottsdale, Phoenix, Maricopa County, & Arizona’s surrounding areas.
KRLG Injury Lawyers
7702 E Doubletree Ranch Rd #150, Scottsdale, AZ 85258
(623) 303-5754
