#assumptionoftherisk

  1. States that allow a parent to sign away a minor’s right to sue. Use this chart to determine the status in your state on a parent's right to sign away a child's right to sue. 7 states allow a parent to sign away a minor's right to sue for all activities. 3 states are in limbo but
  2. In the case of the deceased at an underground amusement park in Kentucky, the release she signed was found to be ineffective in terms of releasing the park from liability. However, the release was used as evidence to demonstrate that she assumed the risk of her injuries. This hig
  3. TV “fitness race” creates “want to Be’s” and “look a likes” and a lawsuit. The “No Duty Rule” is another way of saying the plaintiff failed to prove the Defendant owed them a duty. In this lawsuit, there was no duty because the risk that caused the injury was inherent to the acti
  4. Again, a bad response to the accident and poorly written release, if you can call it that, wiped out all defenses to the lawsuit. The way the plaintiff was treated post injury, you could see that litigation was coming. The plaintiff fell off her horse at a camp for jumping. She w
  5. Insurance companies are fighting policyholders rather than plaintiffs in the recreational industry field. Insurance companies are attempting to avoid liability in OR cases by denying coverage. I’ve seen 4 in the past year in outdoor recreation. Insurance company asked court for j
  6. Assumption of the Risk remains a valid defense to lawsuits in most states. It is crucial for individuals and their guests to be fully aware of and willingly accept the risks associated with a certain activity. This defense essentially asserts that the person engaging in the activ