The legal defense “Assumption of the Risk” describes a participant’s involvement in a potentially risky activity. One example involves a sport or recreational activity. When the participant consents to take part in such an activity, legally they are sometimes assuming responsibility for the common risks associated with the activity. For example, a football player assumes the risks of suffering bodily harm on the football field because the sport involves constant physical contact with other players.
Motocross, another potentially dangerous sport, consists of motorcycle drivers on a track with hills, jumps, and obstacles. In a 2011 incident, a motocross participant was injured at the Long Island Motocross track in Yaphank, New York. The defendant (owner of the racetrack) argued that the plaintiff assumed the risk of injuries suffered in the motocross race. The plaintiff argued that the poor condition of the racetrack increased the risks associated with the sport and ultimately caused his injury.
In 2014, the Suffolk County Supreme Court denied the defendant’s motion to dismiss the trial based on the legal defense of assumption of the risk, because the plaintiff established the existence of exposed PVC pipes in the area of the plaintiff’s accident. The court considered the (1) the plaintiff’s experience in the activity and (2) the dangers on the track. The plaintiff was an experienced motorcycle rider of approximately fourteen years at the time of the accident. Despite the plaintiff’s level of expertise, the plaintiff could not have anticipated a collision with exposed PVC pipes on the competitive racetrack.
Don’t “assume the risk” of hiring an attorney without experience in handling personal injury cases. Only an experienced attorney can properly evaluate your case and navigate complex defenses that might be raised by defense counsel. Our attorneys have more than 70 years of combined experience handling personal injury matters.
If you have been injured in an accident, please contact the personal injury attorneys at McGuire and Peláez P.C. at (631) 348-1702.
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