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What is the “assumption of risk” in recreational vehicle accidents?

On Behalf of | Oct 24, 2024 | Motorcycle & ATV Accidents

“Assumption of risk” is a legal concept that applies when a person voluntarily engages in an activity, knowing that it carries certain dangers. This means that they either explicitly accepted the risk of an activity, usually by signing a waiver or contract, or their actions suggested they understood and accepted the risks involved, even without saying so.

How does it apply to recreational vehicle accidents?

Many recreational vehicle activities, like off-road ATV riding or motorcycle racing, expect riders to be aware of the risks. If an accident occurs, the assumption of risk can complicate claims against responsible parties such as property owners, event organizers or manufacturers. However, how it applies depends on each case’s details. Courts look at several factors:

  • Knowledge of the risk: Did the person know about the danger?
  • Appreciation of the risk: Did they understand what could happen?
  • Voluntary participation: Did they choose to do the activity knowing the risks?
  • Obviousness of the danger: Was the risk clear to see?
  • Necessity of the risk: Was the danger a key part of the activity or an extra risk?

Georgia uses a modified comparative negligence system that incorporates the assumption of risk. If a person is less than 50% at fault, they may receive partial compensation; if 50% or more, they receive nothing. In some cases, if the court finds that a person fully assumes the risk, they might receive no compensation, regardless of fault percentage.

It does not apply in all cases

Assumption of risk may not apply in recreational vehicle accidents when the danger goes beyond what a reasonable person would expect. This includes any accidents and injuries resulting from:

  • Faulty equipment or poorly maintained vehicles
  • False advertising or misrepresentation of difficulty or conditions
  • Gross negligence or intentional misconduct, such as ignoring critical safety regulations

The assumption of risk may also not apply when a manufacturer produces a recreational vehicle with a hidden defect, as the user could not have known about or assumed this risk.

Assumptions should not determine the outcome

Your pain and suffering after a recreational vehicle accident matter, regardless of any perceived risk. Know that legal help and guidance are available.