Assumption of Risk

Sportslaw Jargon: Assumption of Risk

Assumption of risk is a concept which often precludes athletes and fans from collecting money damages if certain injuries occur during a sporting event. It is an old doctrine that applies to a person who voluntarily exposes himself or herself to a known and appreciated danger.

To prove assumption of risk, the plaintiff (injured person) has knowledge of facts constituting a dangerous condition, (2) is aware that the condition is dangerous, and (3) appreciates the nature or extent of the danger.

For example, a football player could not collect damages for injuries derived from a nasty tackle, since this activity is part of the game and the player is aware or should be aware of potentially dangerous impact of tackling. Also, attendees of sports events are subject to assumption of risk. If one looks at the back of his ticket, there will be a paragraph stating that the team nor the stadium operator will be liable for injuries that occur from foul balls (baseball) or a puck that is shot (hockey). Those risks are within the contemplation of the fan who attends the game.

However, if the injury is beyond the risk contemplated by the injured player or fan, then assumption of risk may not be a defense. This is determined on a case-by-case basis.
Assumption of risk does vary from state to state. In some , it is a more comprehensive defense than in others.