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Spinal Cord Injury – Assumption of the Risk

Home > Spinal Cord Injury – Assumption of the Risk

In the city of San Luis Obispo, when a person receives a spinal cord injury and files a lawsuit seeking compensation for medical bills, lost wages and other damages, the defendant’s attorney may attempt to prove that the plaintiff had made an assumption of the risk. If it is determined by a judge that there was indeed an assumption, the plaintiff may be unable to recover damages.

For example, it is not unusual for professional athletes to sustain a spinal cord injury in a collision of some type. Whether two basketball players collide while running toward each other or one football player tackles another, either player may sustain an injury to their spinal cord. These injuries rarely evolve into lawsuits, namely because injuries in sports are an “assumed risk.” In other words, they are a somewhat expected part of game play.

When a person takes part in a dangerous activity, such as skydiving or skiing, the defense will raise the “assumption of risk” rule. They will try to establish that the injured party knew that there was a risk of injury involved prior to participating in the act. This is why, in some cases, people are asked to sign a waiver of liability prior to taking part in such acts.

Not all cases of spinal cord injury involve an assumption of risk and victims should not assume that they don’t have a basis for seeking compensation. An experienced spinal cord injury attorney can review the details surrounding the injury and help the victim determine if they should seek compensation.

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