Marcari, Russotto, Spencer & Balaban
Free Consultations: (888) 351-1038
Blog

Assumption of Risk

When prosecuting for damages in a North Carolina car accident case, the defense lawyer can use assumption of risk as a complete defense.

Assumption of risk, which can be implied or expressed, is a defense claiming that the injured party (plaintiff) knew about the risk and voluntarily assumed it. An expressed assumption of risk is one where the plaintiff in a case outwardly agrees to or accepts the risk. By comparison, an implied assumption of risk results when the plaintiff’s behavior exposes him or her to risk.

Implied assumption of risk is typically a partial defense which implies comparative negligence (where the plaintiff is assigned some of the negligence). However, in North Carolina, which is a pure contributory negligence state, any plaintiff who contributes to causing an accident is barred from recovery.

An example of assumption of risk is when the plaintiff knows the defendant is drunk or the plaintiff has been drinking with the plaintiff and then gets in the vehicle to ride as a passenger anyway, thus accepting the exposure to risk.

One precedent-setting case in respect to the assumption of risk in a drunk driving car accident is Ven Rooy v. Farmers Mutual Insurance Co. The driver and four other drinking companions left together in a car speeding down the highway. The court ruled that based on the precedent from Topel v. Correz, "a guest who knows, or in the exercise of ordinary care should have known, that if the conduct of his host-driver, is in any respect dangerous, is required under the law to make known his objection to such conduct by protesting.' Instead, in the Ven Rooy case, all four plaintiffs in the car were merrily singing songs as the car sped along.

Post a Comment

Your email is never published nor shared. Required fields are marked *

*
*

What our clients say
Reviews
Reviews
  • lawyers
    5.0/5.0

    I had a horrible accident with multiple injuries. Insurances, medical & auto, were problematic. Some medical facilities understood & a few were...

    Read more

    Client

  • google
    5.0/5.0

    Wonderful to work with. Especially Lynder Serbio and Julie Kelley. They were very helpful, especially since I was overseas during my case. Thank you...

    Read more

    Libby

  • google
    5.0/5.0

    After reading a review by a former employee at this law firm, as another employee at this law firm, I could not keep silent.I have been with this law...

    Read more

    Tony Brabham

  • google
    5.0/5.0

    After reading a review by a former employee at this law firm, as another employee at this law firm, I could not keep silent.I have been with this law...

    Read more

    Tony Brabham

  • google
    5.0/5.0

    My husband had a major motorcycle accident. He did survive, and worked hard to get back by doing Physical Therapy and being compliant with his...

    Read more

    [email protected] simple20

See all reviews
Get excellent legal representation at an office close to you.
  • This field is for validation purposes and should be left unchanged.
Call for free consultation

888-351-10338


Questions?

Our trained operators are ready to assist.

Start Chat
Offices serving the Carolinas, the Virginias & Florida

Available 24/7 — We’ll come to you

View all locations
back to top