What does assumption of risk mean in personal injury cases?
In the article what is negligence, we explained that fundamental differences in our age and/or ability may classify unequally for purposes of determining liability in a Louisville personal injury lawsuit.
In most cases, if you have knowingly and voluntarily assumed the risk inherent in a particular action that caused an accident, you cannot sue a negligent party for damages, unless the defendant you are suing was criminally negligent. For instance, let's assume it's winter and you are visiting a friend. During your visit a snow and ice storm hits the area. When it's time for you to leave, your friend tells you not to go out the front door because the steps are covered by ice and suggests that you use the side door where there are no steps. You say, "Don't worry. I'll be careful," and, against your friend's advice, you use the front door. You slip and fall on the steps and break your arm. In most jurisdictions, under the doctrine of the assumption of risk, because you were aware of the danger and still chose to go down those steps even though you could have gone out the side door and avoided any possible danger, you would, in all likelihood, not be able to collect damages.
