Known risks refer to potential dangers associated with an activity, product, or condition that are understood and acknowledged by the involved parties. These risks are often inherent to the situation, such as the danger of falling during rock climbing or the potential side effects of a medication.
In personal injury law, known risks can impact liability, as plaintiffs may be deemed to have assumed the risks if they were adequately informed and chose to proceed.
Known risks are important because they help establish the scope of liability in personal injury cases. Defendants may use the concept of known risks as a defense, arguing that the plaintiff willingly accepted the dangers associated with an activity. However, this defense does not absolve liability for undisclosed risks or gross negligence.
For plaintiffs, understanding known risks ensures they can differentiate between acceptable dangers and preventable hazards caused by negligence.
When addressing known risks in personal injury claims:
Known risks illustrate the balance between personal responsibility and legal accountability in injury cases.
