Let’s say you went to a trampoline park with your kids. You signed a waiver, jumped around a bit, and ended up with a serious injury. Or maybe you got hurt playing in a recreational softball league, or while riding as a passenger on someone’s boat.
You might hear something like, “Well, you knew the risk.”
But what does that really mean? And more importantly, does it mean you’re out of luck when it comes to a personal injury claim?
What Does “Assumption of the Risk” Actually Mean?
“Assumption of the risk” is a legal concept that primarily arises in personal injury cases. It means the person who got hurt voluntarily chose to participate in an activity they knew could be dangerous. The idea is that if you willingly took on that risk, you might be responsible—at least partly—for what happened.
There are two main ways this can show up:
- Express assumption of the risk: You signed a waiver or release form that clearly stated the risks
- Implied assumption of the risk: You didn’t sign anything, but the risk was obvious, and you chose to proceed anyway
That doesn’t mean you automatically lose your case. But it does give the other side something to argue—and it may reduce or block the compensation you receive unless it’s addressed head-on.
When This Might Come Up in Real Life
You don’t have to be skydiving or rock climbing for the assumption of the risk to become an issue. It can pop up in all sorts of everyday situations, especially in a busy place like the Dallas–Fort Worth area. For example:
- Sports injuries: Getting tackled in a recreational football game or hit with a foul ball at a minor league game
- Adventure or amusement activities: Trampoline parks, go-karts, zip lines, or haunted houses
- Unsafe premises: Walking across a visibly icy parking lot or entering a construction site with warning signs
- Volunteer work: Helping someone lift heavy equipment at a community event
In all of these situations, the person injured might have understood some level of risk. But that doesn’t mean the property owner or organizer gets a free pass.
What Assumption of the Risk Doesn’t Excuse
It’s essential to recognize that this concept has its limitations. You might have accepted some risk, but you didn’t agree to negligence.
Here’s what assumption of the risk doesn’t let someone off the hook for:
- Broken equipment that wasn’t inspected or maintained
- Unmarked hazards, like a hidden hole in a play area
- Lack of supervision or trained staff at a facility
- Actions that go beyond normal risk, like reckless behavior or ignoring safety rules
If someone else’s poor choices made the situation worse, that’s still grounds for legal action.
What Texas Law Says About All This
Texas follows a rule called modified comparative fault. That means:
- If you’re found to be more than 50% responsible for what happened, you can’t recover damages
- If you’re 50% or less at fault, your compensation is reduced by that percentage
Assumption of the risk is one argument a defendant can use to say you were partly at fault. But it’s not always clear-cut, and juries consider the whole picture.
How an Attorney Can Push Back on This Defense
This is where having a good legal team makes a difference. At Rochelle McCullough, we help injury victims throughout Dallas–Fort Worth respond to claims that they “knew the risk.”
We look at:
- Whether you truly understood what could happen
Whether the waiver (if there was one) was legally valid - Whether the person or company who caused the harm acted recklessly or failed to follow safety standards
Just because an activity comes with risks doesn’t mean it should end with you getting hurt.
Talk to a Dallas–Fort Worth Injury Lawyer Today
If someone’s trying to blame you for your injury, don’t assume they’re right. You may still have a strong case, especially if negligence played a role. Contact Rochelle McCullough for a free consultation. We’ll listen, review what happened, and help you understand your legal options. And you won’t pay anything unless we win for you.