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. Continue reading “What Does “Assumption of the Risk” Mean?”
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