“Assumption of the risk” is a legal term that places liability for an injury on a person who voluntarily engages in a dangerous activity. In the State of Nevada, a person “assumes the risk” of an injury when he or she:
- Has actual knowledge of the risk involved in the activity;
- Fully appreciates the dangers associated with the risk;
- Voluntarily accepts that risk.
To obtain a better understanding of Nevada’s assumption of risk law, our Las Vegas personal injury lawyer will provide you with an in-depth analysis of certain scenarios wherein a plaintiff could potentially assume the risk of an injury.
Examples of expressed risk in Nevada
Many people engage in expressed risk activities in Las Vegas, NV without even knowing it. Many times, these activities require a consent form, or an “assumption of risk” waiver to be formed prior to engaging in the dangerous activities. Typical activities that involve assumption of risk include, but are not limited to:
- Rock climbing;
- Performance racing experiences;
- Gym and fitness facility injuries;
- Water and amusement parks.
An expressed assumption of risk agreement does not always need to include a signature for consent. May times, an operator of the facility may simply explain the risks to you in exchange for your acknowledgment and understanding of the risks associated.
Scenario: Taylor’s house has a water leak. The roof is caving in from the damage. She hires a contracting company to repair her roof. She explains to the contractors that the roof is unstable, and they acknowledge the dangers associated with the job. The have provided an expressed risk agreement via verbal consent which will protect Taylor from a lawsuit in the event a worker is injured due to the unstable conditions while they work on repairing her roof. Had Taylor not provided an expression of risk, the contractors could potentially sue Taylor under Nevada’s premises liability law.
Can a person still sue if they are injured in an activity that assumes risk?
In some special cases, a person may be able to file a personal injury claim if they are injured in a dangerous activity with expressed risk. This is especially true if the injury claimed a minor. Children under the age of 18 may not legally enter into a contract in the State of Nevada. For example, let’s say that Taylor’s child, Logan, is hurt while playing basketball at school. In the middle of his game, he is shoved by another player and falls to the ground, hitting his head. He has endured a head injury. Taylor consults with an attorney and is imploring her options for suing the school. Her attorney advises her that the school cannot enforce a signed assumption of risk agreement; however, they may be able to argue that there was an implied assumption of risk.
What is implied assumption of risk?
Implied assumption of risk is when an injury victim knowingly engages in an activity that encompasses a certain level of risk. Playing asketball has a certain level of implied risk that a reasonably sound person would acknowledge.
Have you been injured in Las Vegas? Contact our law firm.
If you or someone you know what injured in Las Vegas and you are concerned about the assumption of risk in your claim, please feel free to contact our law firm for a free consultation. Our Las Vegas personal injury attorneys are available to help you 24/7, and we have an in-depth understanding of the complex laws surrounding Nevada’s assumption of risk statutes. Call (702) 800-0988 to discover your options today.