In some Florida personal injury lawsuits, the defendant can claim that the plaintiff should not be able to pursue a claim for compensation based on the fact that the plaintiff assumed the risks involved in participating in the activity that ultimately caused their injuries. This type of defense is common in cases involving skiing, sky diving, jet-skiing, and bungee jumping.In Florida, there are two types of assumption of the risk: express and implied. Express assumption of the risk generally involves a party’s acknowledgement of the risks involved prior to participating in the activity, usually through a release waiver or some other contract. Implied assumption of the risk, however, does not require a signed release waiver, and it can be established through risks that were either known at the time or should have been known.
A recent case illustrates how one federal court of appeals applied the assumption of the risk doctrine to preclude an accident victim’s ability to recover compensation for his injuries.