Assumption of risk defenses Cases

Assumption of Risk: What Baseball Spectators and Everyone Else Should Know, Assumption of risk defenses

When a foul ball rockets into the stands and cracks a fan in the skull, the first question is not whether the team threw the ball badly. It is...

1 month ago Read More

Signing Away Your Right to Sue, Assumption of risk defenses

When you sign a waiver before going bungee jumping, joining a gym, or participating in a company softball league, you are doing more than just...

4 months ago Read More

Assumption of Risk: When You Accept the Danger of a Sport, Assumption of risk defenses

You sign a waiver before you race a go-kart. You step onto a basketball court knowing you might get elbowed. You buy a lift ticket at a ski resort...

9 months ago Read More

Assumption of Risk in Recreational Sports: When Injured Players Cannot Sue, Recreational activity injury liability

Every time you step onto a field, a court, or a trail, you accept a certain level of danger. That is the reality of sports and recreation. When that...

1 year ago Read More

The Assumption of Risk: How It Shields Sports Organizers and What It Means for Injured Players, Recreational activity injury liability

If you get hurt playing basketball in a pick-up game, you cannot sue the guy who accidentally stepped on your ankle. If you break your wrist wiping...

1 year ago Read More

Assumption of Risk in Sports and Recreational Injuries, Recreational activity injury liability

When you step onto a baseball field, tie on your skis, or sign up for a group fitness class, you accept that injuries can happen. The law recognizes...

7 months ago Read More

Assumption of Risk: Why You Can Still Sue After Getting Hurt Playing Sports, Recreational activity injury liability

When you sign up for a recreational sports league, hit the slopes, or join a pickup basketball game, you are almost certainly taking on some level of...

7 months ago Read More

Assumption of Risk in Contact Sports: What Injured Players Need to Know, Recreational activity injury liability

When you step onto a football field, a hockey rink, or a boxing ring, you are not signing a contract to get hurt, but legally you are accepting a...

7 months ago Read More

Skiing Accident Liability and Assumption of Risk, Recreational activity injury liability

When you buy a lift ticket and head down a mountain, you are not signing away all your rights. But you are accepting that skiing is a sport with real...

20 days ago Read More

Frequently Asked Questions

Get answers to the most common liability case queries.

What defenses might an employer use to avoid liability?

An employer may argue the employee was on a “frolic and detour,“ meaning they had substantially deviated from their work duties for a personal reason when the accident occurred. They might also claim the employee was commuting to or from a fixed workplace, which is typically not considered within the scope of employment. If the employee violated clear company policies (e.g., using a personal car when prohibited), the employer may use this to limit their responsibility. The employer must prove the employee was not acting for the company’s benefit at the time.

What are the typical outcomes or remedies in these discrimination cases?

Outcomes aim to correct the harm and prevent future discrimination. Common remedies include court orders requiring the school to provide specific services, training for staff, changes to discriminatory policies, and monetary compensation for the affected student’s educational needs and emotional distress. For disability cases, the remedy is often an improved, individualized education plan. The goal is to place the student in the position they would have been in had the discrimination not occurred.

How does the legal concept of “premises liability” apply to construction sites?

Premises liability holds property owners and occupiers responsible for injuries caused by dangerous conditions on their property. On a construction site, this means the party in control must either fix known hazards or provide adequate warning. For example, a property owner might be liable to a visiting inspector injured by a hidden hazard the owner knew about. However, for injured construction workers, workers’ compensation laws often limit suits against their direct employer, shifting focus to other negligent parties on the site, like other contractors or the general contractor.

What is a “disclaimer” and can it protect a professional?

A disclaimer is a clause in a contract or report that tries to limit the professional’s liability. While they can offer some protection, they are not an absolute shield. Courts often scrutinize them closely. A disclaimer cannot protect a professional from liability for gross negligence or fraud. Its effectiveness depends on whether it was fair, reasonable, brought to your attention, and clearly worded. Do not assume a disclaimer automatically blocks your claim.