We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding Express Assumption of Risk: A Comprehensive Guide
Definition & meaning
Express assumption of risk refers to a legal agreement where a person acknowledges and accepts the potential dangers associated with an activity. By signing this agreement, the individual agrees that the other party, usually an organization or business, does not have to take reasonable care to prevent harm. Consequently, if an injury occurs due to the inherent risks of the activity, the injured party typically cannot hold the other party liable for negligence.
Table of content
Legal use & context
This term is commonly used in personal injury law, particularly in cases involving sports, recreational activities, and other events where risks are inherent. Express assumption of risk can be found in waivers or release forms that participants sign before engaging in activities such as skydiving, skiing, or attending events. Users can manage these situations by utilizing legal templates available through US Legal Forms, which can help ensure that the necessary legal protections are in place.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person signs a waiver before participating in a rock climbing class, acknowledging the risks of falling or injury. If they are injured during the activity, they may not be able to sue the climbing gym for negligence.
Example 2: A participant in a marathon signs a release form that states they understand the physical risks involved. If they suffer an injury during the race, they may be barred from claiming damages against the event organizers. (hypothetical example)
State-by-state differences
State
Key Differences
California
Express assumption of risk is often upheld, but courts may scrutinize the clarity of the waiver.
Florida
Waivers may be deemed unenforceable if they are overly broad or vague.
New York
Courts may invalidate waivers if they are deemed to contravene public policy.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Implied Assumption of Risk
Risk accepted through a person's actions rather than a written agreement.
Implied risk is inferred from behavior, while express risk is explicitly stated.
Negligence
Failure to take reasonable care, resulting in harm to another.
Negligence involves a breach of duty, while express assumption of risk involves acceptance of that risk.
Common misunderstandings
What to do if this term applies to you
If you are considering participating in an activity that requires a waiver, read the document carefully. Ensure you understand the risks involved and the terms of the agreement. If you have concerns, consider seeking legal advice. You can also explore US Legal Forms for templates that can help you prepare or review waivers effectively.
Find a legal form that suits your needs
Browse our library of 85,000+ state-specific legal templates.