One of the more common defenses that Indiana personal injury victims encounter when attempting to recover for their injuries is that of assumption of the risk. Essentially, the assumption of the risk doctrine bars a plaintiff from recovering for their injuries when the plaintiff is fully aware of the risks involved in an activity, but chooses to participate in the activity notwithstanding those risks. In many personal injury cases, such as Indiana car accident cases, assumption of the risk rarely comes up. However, assumption of the risk frequently arises in Indiana sports injury cases.
In Indiana, a plaintiff’s assumption of the risk can be used to assign the plaintiff a percentage of fault for the accident, thus reducing their total recovery amount. Only in rare circumstances will a plaintiff’s assumption of risk result in the plaintiff being prevented from recovering entirely. Recently, a state appellate court released an opinion in a skiing accident case discussing assumption of the risk.
The Facts of the Case
According to the court’s opinion, the plaintiff was a ski instructor at a ski resort. One day, while the plaintiff was giving a ski lesson to a six-year-old child, the defendant came speeding down the mountain. The plaintiff was in an area marked for “slow skiing.” However, as the defendant approached, he went off a jump to perform a trick, and ended up colliding with the plaintiff upon landing. The plaintiff was seriously injured and filed a personal injury lawsuit against the defendant.