What is Assumption of Risk?

One of the key terms in all personal injury claims is assumption of risk. Do you understand its meaning? Here at the Levitsky Law Firm, a personal injury attorney Brooklyn NY, we have years of experience at our disposal and are here to help you understand.

What is Assumption of Risk?

Assumption of risk is a defense used in personal injury cases where duty of care is argued. The cases that are successful avoid the responsibility of the injury claim.  Personal injury lawyers and firms have years of dealing with assumption of risk and duty of care claims should you be faced with a suit.

Duty of Care

A Duty of Care is where you have the obligation to avoid events which could possibly harm others. This premise means that there is an anticipation of risk and a duty to prevent them from coming to harm.

What Are the Three Categories of Assumption of Risk Under NY Law

Under New York law, there are three categories of assumption of risk. These categories are primary, express, and implied.

• Primary Assumption of Risk – are situations where the activity involved would be massively changed if the person did not take on the risk.
• Express Assumption of Risk – are situations where the person has said that they are assuming the risk, typically in writing. Sometimes these are not valid agreements and is why you need a personal injury law firm Brooklyn NY to look over all documents in cases like these.
• Implied Assumption of Risk – are situations where there is no expressed assumption and where the person voluntarily took the risk despite not having a waiver of responsibility.

How Can Your Attorney Help

With the Levitsky Law Firm, your personal injury lawyer Brooklyn NY, we have years of experience with these types of cases. To see how we could go to work for you, give us a call and set up your free consultation today.