What is “assumption of risk” in sports injury cases?
In North Carolina, “assumption of risk” is a legal defense used in sports injury cases. This means that an individual has knowingly and voluntarily accepted the level of risk associated with engaging in a particular activity. For example, if a basketball player participates in a game of pickup basketball on a playground, she is aware that there is a risk of being injured. She has the opportunity to weigh the risks and rewards of playing and can choose to refuse to play or to wear protection or take other safety precautions. When she decides to go ahead and play the game, she is assuming the risk of being injured. Assumption of risk can also be used if someone knew about and accepted any hazardous conditions associated with a particular activity. For example, if a golfer plays a round at a course with a dangerous sand trap, the golfer is aware of the risk and can choose to avoid the hazard. If the golfer decides to ignore the danger and continues to play, they are assuming the risk of being injured if they make a mistake and end up in the sand trap. In summary, in sports injury cases in North Carolina, “assumption of risk” means that an individual knew about and accepted the risks associated with engaging in a particular activity and decided to proceed with it anyways. It can also be used if someone has accepted hazardous conditions associated with the activity.
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