We usually think of personal injury lawsuits as coming to fruition based on accidents or behavior that the victim could not have predicted. However, there are times where violent or dangerous sports – where you know you will be injured – can create personal injury lawsuits. Usually, what you cannot sue for are injuries that you knew you were going to get. This means like head injuries in boxing, and so on.
When you participate in certain sports or activities that you know have some degree of risk, yet you engage in them anyway, you are said to be taking the “assumption of risk”.
Certain entities and organizations will go even further, to have you sign a waiver understanding this before you can engage in their activity. This means that if you are injured in that activity, they will have a defense which protects them from liability to you.
Massachusetts Assumption of Risk Law
In a typical Massachusetts personal injury case in which negligence is alleged, assumption of risk will not be a defense. This is because someone who has a duty, and fails to act properly under that duty cannot shift the blame and claim the victim took the risk of that breach occurring. The law prefers that actors are held responsible for their injurious behavior despite any assumptions made by the victim.
What the defendant can argue however, is that an action of the alleged victim made it the cause and not the action of the defendant. Or that they share responsibility, but the victim shares more of the responsibility. This will not entirely prevent a negligence action from being successful. But it may ultimately reduce an award that the victim could get.
If you have been injured in a sports related activity where you entrusted your safety to someone, or an organization, ad you feel they failed to protect you, then you my have a personal injury case. Call the Law Offices of Jeffrey S. Glassman today to investigate your story and get you paid for the injuries you suffered. Call them today at (617) 367-2900.
DISCLAIMER: Information provided in this post is not intended to be used as legal or medical advice, nor disrespect the victims or families in any way. We are providing this post for general information on everyday tragedies and presented in a manner to protect and honor the victims and their families. Minor differences can change the outcome of cases, based on jurisdictional laws. The information provided in this post should not be relied upon as legal or medical advice. We suggest seeking assistance from legal or medical professionals for your personal circumstance, when necessary.