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What Is the Assumption of Risk?

Assumption of risk is a set of expectations that places responsibility for risky actions on the individual who takes those actions. It is usually used in reference to injuries that occurred. This may be classified in two different ways namely express or implied. The classification varies due to various factors such as the extent of injuries, the needed money to pay for the damage and the intention of accused especially the victim.

Express assumption of risk happens when a person joins a dangerous activity and he is asked to sign certain agreement or consent stating his willingness to take the risk of experiencing danger through the activity. In this case, there is a legal process behind it that makes the company that conducts the activity not liable for any injures that could happen. In other words, the company is free from liability should the person gets hurt or injured as he has signed an agreement in the first place.

On the other hand, the implied assumption of risk happens when a person gets injured and he blames the company or place where he got injured for what happened to him. This usually occurs because of the absence of any agreement and as such, the injured individual has the power to sue the company and present evidences to prove that the organization is at fault. However, the company or the accused has also the power to defend its side, present evidences such as warning signs that they put in the area where the accident happened.

When the injured person successfully convicts the company, the organization is obliged to pay for the injuries and everything that the person would want them to do.

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