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  • ABOUT
  • PRACTICE AREAS
    • CRIMINAL DEFENSE
    • SEX CRIMES
    • PERSONAL INJURY
    • WORKERS' COMPENSATION
    • ADDITIONAL PRACTICE AREAS
  • SCHOLARSHIP
  • BLOG
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ASSUMPTION OF THE RISK & YOUR KANSAS INJURY

3/22/2019

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Whether you are driving on the Kansas highways, entering into a store, or riding your bike down the street, etc. there is always some risk of injury. The odds are with you that any injury will not occur; nonetheless, things do happen. Does that mean that being hit by a drunk driver (or any other's negligence action) is part of the assumed risk of being on the roads? The short answer is "no". 

To determine if you assumed risk, under Kansas law, you would have had to consciously or knowingly accepted the risks that were inherent to the activity. To determine if you have done so there a number of things we may look at, such as:
  • disclosures on the back of the admission tickets,
  • signed waivers/releases of liability,
  • posted signs outlining dangers, or
  • receipt of training prior, etc.
While you may have assumed some risk, that does not mean there may liability, for your injury, laid at the feet of another. This occurs in circumstances such as:
  • partial disclosure,
  • hidden defects,
  • negligent action/inaction,
  • injury that is not inherent to the activity,
  • waiver is signed but no in a knowing or conscious fashion, etc.
Some activities that the question of assumption of risk is frequently called to question, include:
  • sporting events (basketball, baseball, etc.)
  • sky diving
  • hunting
  • driving
  • skating
  • skiing, etc.

If you were seriously injured, even if you signed a waiver/or were told of the risk, you need an experienced Kansas attorney today. We have helped people, just like you, get the money they deserve. Call NOW 913-602-7288.
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