MARITIME LAW AND ASSUMPTION OF RISK
“Assumption of Risk” has been used by defendants to prevent liability for damages that were a result of their negligence. In the case of specific employee/employer relationships, it might be stated that an employee “assumed the risk” by not leaving even after realizing the risk. But a 1939 congressional amendment to the Federal Employers Liability Act (FELA) finally resisted the “assumption of risk” defense in cases brought under the Act.
In many cases, the injured don’t fully understand the meaning of “Assumption of Risk” and how it can affect their case. The Maritime accident attorneys of Madalon Law are here to answer your questions and help you understand the steps needed to win your case. Our aggressive team will fight the defense when they attempt the “Assumption of Risk” argument.
UNDERSTANDING WHAT ASSUMPTION OF RISK MEANS
“Assumption of Risk typically occurs when a person willingly and knowingly assumes the risk of injury resulting from the defendant’s negligence. If someone assumes the risk, it normally means they can’t obtain damages for the injury they suffered as a result of the defendant’s negligence or actions.
Situations where it can be said that an individual has assumed the risk fall under three broad categories:
- Voluntary Assumption fo the Risk
- Knowledge and Implied Acceptance of the Risk
- Express Agreement
Even if someone is involved in a scenario that falls under one of the categories, our maritime attorneys may be able to show that the person was acting cautiously in light of the risks involved.
UNDERSTANDING VOLUNTARY ASSUMPTION OF RISK
Injured individuals are able to recover damages under Assumption of Risk unless their decisions were made willingly. There must be some level of consent shown in order to relieve the defendant of the duty to act reasonably.
UNDERSTANDING KNOWLEDGE AND THE IMPLIED ACCEPTANCE OF RISK
If a person is unaware of the dangers involving a job or activity, they cannot be said to have “Assumed the Risk” in several instances. This can include lack of information, inexperience and/or age.
Relative to implied acceptance, cases that don’t involve express agreements, assuming the risks is indicated based on an individual’s behavior under the circumstances.
UNDERSTANDING EXPRESS AGREEMENTS
An express agreement is a written agreement a person signs before an activity or job. The agreement releases the defendant from any duty of care owed to the injured parties. These agreements a usually enforceable, unless they are contrary to public policy.
SPEAK TO A MARITIME ATTORNEY TODAY
The accident attorneys of Madalon Law understand the frustration and confusion you may feel after an accident. Our Fort Lauderdale Maritime accident attorneys handle the entire State of Florida, as well as Mississippi, Texas, Alabama and Louisiana. Contact us today for a free consultation.
