What Is Assumption of Risk in New York? Does It Affect Your Case?
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What Is Assumption of Risk in New York? Does It Affect Your Case?
If you were injured in New York, you may have heard the term “assumption of risk” and wondered how it affects your ability to recover compensation. Assumption of risk refers to situations where a person voluntarily exposes themselves to known dangers. In New York, there are two types: primary and secondary assumption of risk. Even if you assume some risk, comparative negligence rules may allow you to recover damages. This article explains how assumption of risk works, the types of situations where it applies, and why speaking to a Buffalo personal injury lawyer can protect your case and help ensure you receive the compensation you deserve.
What Is Assumption of Risk?
Assumption of risk occurs when someone voluntarily engages in an activity that carries known dangers. This legal concept is designed to recognize that people sometimes knowingly take part in activities that are not completely safe. In New York, courts divide assumption of risk into two main categories: primary and secondary.
Primary Assumption of Risk:
This applies when the activity itself carries obvious risks, and the participant voluntarily accepts them by taking part. For example, playing a contact sport like football, skiing on a marked slope, or riding a roller coaster involves dangers that are well-known and expected. If an injury happens because of the inherent risks of these activities, the law may prevent recovery under primary assumption of risk. The key question courts ask is whether the risk was obvious and an integral part of the activity itself.
Secondary Assumption of Risk:
Secondary assumption of risk arises when someone encounters a hazard created by another person’s negligence but voluntarily chooses to confront it. For instance, if a restaurant fails to place warning signs on a wet floor, and a customer sees the wet area but slips anyway, secondary assumption of risk may be considered. Unlike primary assumption, this does not automatically prevent recovery. Instead, the damages awarded may be reduced in proportion to the plaintiff’s share of fault. This distinction is crucial because it allows injured people to still seek compensation in many cases, even if they were partially aware of the risk.
How Comparative Negligence Interacts With Assumption of Risk
New York follows a pure comparative negligence system. This means that even if you are partly responsible for your injury, you can still recover damages, though your compensation will be reduced by the percentage of fault attributed to you. For example, if you slip on a wet floor and the court finds you 20% responsible for not exercising caution, you may still recover 80% of your total damages.
This principle is particularly important in secondary assumption of risk cases. Many people mistakenly believe that acknowledging awareness of a risk automatically eliminates their right to sue. In reality, comparative negligence allows for partial recovery. By consulting a Buffalo personal injury lawyer early, you can ensure your share of fault is properly evaluated, increasing the likelihood that you receive a fair settlement or award. Lawyers can also help gather evidence, interview witnesses, and build a record of negligence to support your claim.
Common Contexts Where Assumption of Risk Arises
1. Sports Injuries
Athletic activities often involve primary assumption of risk. Contact sports, recreational leagues, and extreme sports carry inherent dangers that participants are expected to understand. For instance, a football player accepts the risk of minor collisions by playing, but if they are injured due to defective equipment, unsafe field conditions, or negligent coaching, there may be grounds for a claim. Courts often examine whether the injury resulted from ordinary risks of the sport or from negligence that went beyond what a participant should reasonably expect.
2. Workplace Accidents
Even in high-risk jobs such as construction, manufacturing, or delivery, employers have a legal duty to maintain safe conditions. Secondary assumption of risk can arise if an employee is aware of certain hazards but suffers injury due to employer negligence, such as missing safety guards, improperly maintained machinery, or inadequate training. Understanding how assumption of risk interacts with workplace safety laws in New York is vital because employees may still recover damages even if they were partially aware of the risks involved.
3. Recreational Activities
Activities like boating, skiing, amusement parks, and adventure sports often involve signed waivers. Courts in New York carefully examine whether these waivers clearly explained the risks and whether operators acted negligently. If a ski lift malfunctions, a boat operator drives recklessly, or a park fails to maintain safe conditions, a waiver may not fully protect the responsible party. Injured participants may still be entitled to compensation, especially if negligence was a factor.
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Mistakes to Avoid After a Personal Injury in New York
Suffering an injury in New York can be stressful, confusing, and overwhelming. Many people make mistakes that reduce their ability to recover compensation. Understanding what to avoid can protect your rights and help ensure you receive full and fair compensation.
Waiting to Get Medical Treatment
After an injury, it is critical to seek medical attention immediately, even if your injuries seem minor. Delaying care can create gaps in your medical records, making it harder to prove the severity of your injuries. Insurance companies may argue that your injuries are not serious or that they were caused by something else. Our attorneys can help you document your injuries from the start, ensuring medical evidence supports your claim.
Failing to Follow Your Doctor’s Orders
Your recovery plan is not just important for your health—it is also critical for your claim. Skipping appointments, not following prescribed therapy, or ignoring medical instructions can weaken your case. Insurance adjusters often look for missed treatments to argue that injuries are minor or that the victim is not committed to recovery. At Andrews, Bernstein & Maranto, PLLC., we work with your healthcare providers to make sure your treatments are properly documented, strengthening your claim.
Talking to Insurance Companies Without a Lawyer
Insurance adjusters are trained to minimize payouts. Speaking to them before consulting a lawyer can result in statements that are misinterpreted, used out of context, or even misquoted to reduce your claim. This includes your own insurance company, which may try to limit benefits. Our team handles all communications with insurers, protecting your rights and ensuring that your statements are not used against you.
Hiring a Lawyer Who Is Not a Trial Attorney
Insurance companies know which lawyers are willing to take a case to trial. Hiring a lawyer who rarely goes to court may lead to lower settlement offers because the insurer assumes the case will not be aggressively pursued. Andrews, Bernstein & Maranto, PLLC., has trial-ready attorneys who will fight for your rights in court if necessary. Having lawyers who can go to trial increases the leverage and value of your case.
Ignoring or Minimizing the Role of Assumption of Risk
Some injuries happen in situations where you may have been aware of certain risks, such as sports, recreational activities, or workplaces with known hazards. Understanding primary and secondary assumption of risk is important because it affects how fault is evaluated. Primary assumption may prevent recovery if the risk is inherent in the activity. Secondary assumption allows recovery, though damages may be reduced. Failing to recognize these factors or assuming your claim is automatically barred can lead to lost compensation. A New York personal injury lawyer can evaluate your case to ensure assumption of risk is properly considered.
Trying to Handle the Case Alone
Managing medical records, accident reports, insurance negotiations, and legal deadlines without help can lead to mistakes that hurt your case. Our firm guides clients through every step, from documenting injuries to negotiating with insurers or filing a lawsuit if necessary. We protect your rights and make sure your case is fully prepared for the best possible outcome.
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Why You Should Not Speak to Insurance Companies Before Hiring a Lawyer
After a serious injury, insurance companies often try to settle quickly. Their offers are usually lower than what your claim is worth. Speaking to an insurance adjuster without legal representation can inadvertently harm your case, especially when assumption of risk or fault is disputed. Adjusters are trained to minimize payouts and may use your statements against you. Hiring a Buffalo personal injury lawyer ensures all communication is handled professionally. Your attorney can protect your rights, assess the value of your claim, and negotiate effectively so you are not taken advantage of.
Steps to Protect Your Personal Injury Case
- Seek Medical Care Immediately: Document your injuries and follow all treatment plans. Medical records are critical for proving the extent of your damages.
- Contact a Buffalo Personal Injury Lawyer: Our firm offers free consultations to review your case, explain your rights, and outline next steps.
- Preserve Evidence: Take photographs, collect witness statements, and maintain all documents related to the accident.
- Avoid Discussing Your Case With Insurance Adjusters: Statements can be used to reduce your compensation. Let your lawyer handle all communications.
- Follow Legal Deadlines: New York has strict time limits for filing personal injury claims. Missing deadlines can result in losing your right to recover damages.
Frequently Asked Questions About Personal Injury in New York
Can I still sue if I signed a waiver?
Yes, in many cases you can. Waivers do not automatically prevent a lawsuit, especially if the injury resulted from negligence or reckless behavior. Courts in New York will look at whether the waiver clearly explained the risks and whether the responsible party acted outside the scope of normal activity. A New York personal injury lawyer can review your waiver and determine if your claim is valid.
Does assumption of risk bar my entire claim?
Not necessarily. Assumption of risk comes in two forms: primary and secondary. Primary assumption may prevent recovery if the risk is inherent in the activity, such as contact sports or extreme recreational activities. Secondary assumption of risk may reduce your damages but does not eliminate your right to sue. Your share of fault will be considered under New York’s comparative negligence laws.
What is comparative negligence in New York?
Comparative negligence means that even if you are partially at fault for your injuries, you can still recover damages. Your compensation is reduced by the percentage of your fault. For example, if you are 20% at fault for a slip and fall, you may still recover 80% of your total damages. A New York personal injury lawyer can calculate this accurately and help maximize your recovery.
How soon should I see a doctor after an injury?
You should seek medical care as soon as possible, even if your injuries seem minor. Immediate treatment documents your injuries, helps your recovery, and provides evidence for your claim. Delaying care can make it harder to prove your injuries and may reduce your compensation.
Can I talk to the insurance company on my own?
It is not recommended. Insurance adjusters are trained to protect the company’s interests and may use your statements to reduce or deny your claim. A lawyer from Andrews, Bernstein & Maranto, PLLC. will communicate with insurers on your behalf, protecting your rights and helping secure full compensation.
What if I missed some medical appointments or treatments?
Missing appointments or skipping prescribed treatments can hurt your claim. Insurance companies may argue that your injuries are not serious or that you are not following recovery plans. Our attorneys work with your healthcare providers to document all treatments and show the full extent of your injuries.
How do I know if I have a strong personal injury case?
Factors include the severity of your injuries, clear documentation, witness statements, and proof of negligence by another party. A New York personal injury lawyer can evaluate your case for potential recovery and guide you through each step of the claims process.
How long do I have to file a personal injury claim in New York?
New York law sets strict deadlines, known as statutes of limitations. In most cases, you must file a claim within three years of the accident. Certain cases, like claims against government entities, may have shorter deadlines. Consulting a lawyer early ensures you do not miss important deadlines.
What types of damages can I recover?
You may be able to recover medical expenses, lost wages, pain and suffering, emotional distress, and property damage. In cases of severe injury or death, punitive damages may also apply. Our firm carefully calculates all damages to ensure you receive full compensation.
How can Andrews, Bernstein & Maranto, PLLC. help me?
We guide you through every step, from medical documentation to negotiating with insurance or representing you in court. Our Buffalo, New York team protects your rights, ensures your injuries are properly documented, and fights for the full compensation you deserve.
Contact Andrews, Bernstein & Maranto, PLLC. for Help With Your Personal Injury
If you were seriously injured in a personal injury in New York, you do not have to face the challenges alone. Understanding complex legal issues like primary and secondary assumption of risk or how comparative negligence affects your claim can feel overwhelming. Whether your injury occurred during sports, at work, or while participating in a recreational activity, you deserve guidance and support from a team that knows how to navigate these cases.
At Andrews, Bernstein & Maranto, PLLC., we offer free consultations to review your situation and explain your rights. You will never owe us any money unless we secure a successful result for your claim, because we work on a contingency fee basis. This means you can focus on your recovery while we handle the legal process, negotiate with insurers, and fight for the compensation you deserve.
Our New York personal injury lawyers are ready to help you document your injuries, understand your legal options, and protect your rights. Contact us today to schedule your free consultation and take the first step toward securing the justice and compensation you need.
Client Reviews
I can’t say enough about Bob Maranto and his team! They truly helped me through one of the most difficult times of my life. They were always so positive, accessible, and communicative. I highly recommend this firm if you are looking for a team that will go above and beyond, and will take some of the load off of dealing with a personal injury. I felt like Bob and his team allowed me to have some peace of mind while I was recovering. Definitely hire this firm, you won’t regret it!
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Client Reviews
I can’t say enough about Bob Maranto and his team! They truly helped me through one of the most difficult times of my life. They were always so positive, accessible, and communicative. I highly recommend this firm if you are looking for a team that will go above and beyond, and will take some of the load off of dealing with a personal injury. I felt like Bob and his team allowed me to have some peace of mind while I was recovering. Definitely hire this firm, you won’t regret it!