Assumption of Risk

I’m a lawyer.  My trusty Black’s Law Dictionary defines “Assumption of Risk” as follows:  “Exists where none of fault for injury rests with plaintiff, but where plaintiff assumes consequences of injury occurring through fault of defendant, third person or fault of no one . . . It is based upon the maxim ‘volenti non fit injuria,’ which means that to which a person assents is not regarded in law as an injury.”  Assumption of risk is a defense to lawsuits for injury or loss where the plaintiff has either actual or constructive understanding as to the hazards to be encountered and he consents to taking a chance on possible danger.  And injury. . . .

So often today, we see blame being cast against innocent parties by a sea of alleged victims (and prospective plaintiffs) whose own actions have put them in harm’s way.  Blame is always cast upon others.   Everyone is a victim.  No one wants to take responsibility for injury which they invite.  It’s always someone else’s fault.  Whether you’re at the ball park and get whacked by a foul ball, the fitness center and overdo it, the pool, you try to kill a police officer with a baseball bat, spill hot coffee in your lap, you drive your car over the speed limit or you smoke or abuse drugs.  There comes a time when those who voluntarily put themselves into harm’s way need to accept the consequences of their actions.  Instead of blaming everyone else for injury or loss, know that you may assume risk – and fault – by your own actions.  Assumption of risk.     

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