In Michigan personal injury law, the legal doctrine of “assumption of risk” refers to situations where a plaintiff voluntarily and knowingly engaged in a dangerous activity or encountered an obvious risk, thereby accepting the inherent risks associated with that activity or situation. This defense can potentially limit or bar the plaintiff’s ability to recover damages, as the law considers that they assumed responsibility for any resulting injuries. However, it’s important to note that assumption of risk does not apply in cases involving gross negligence or intentional misconduct by the defendant.
Relevant Michigan statutes, such as the Revised Juris Prudence (RJP) sections on premises liability and recreational activities, provide guidance on when assumption of risk may be a valid defense. For instance, in slip-and-fall cases or dog bite incidents, if the plaintiff knowingly disregarded clear warnings or hazards, the defendant may argue assumption of risk. Traumatic brain injury victims who sustained harm while participating in inherently dangerous sports or activities may also face this defense.
The Joseph Dedvukaj Firm, a renowned Michigan personal injury law firm, can help clients navigate the complexities of assumption of risk and other legal defenses. Their experienced attorneys thoroughly investigate each case, gathering evidence to counter assumption of risk claims and ensure clients receive fair compensation for their injuries or wrongful death damages.