# What Is an Assumption of Risk? | Attorney Brian White ![What is an Assumption of Risk?](https://attorneybrianwhite.com/wp-content/uploads/2018/01/what-is-an-assumption-of-risk-300x200.jpg) Dangerous activities are worth the risk to some people. Unfortunately, accepting or assuming certain foreseeable risks can take away your chance to pursue recovery should an accident occur. In legal terms, “assumption of risk” typically refers to a person’s intentional willingness to participate in an activity that could be dangerous, such as skydiving or going on a roller coaster. It can also refer to a patient’s agreement to undergo risky surgery. Here’s what you need to know about the assumption of risk if you’re the victim of a recent accident in Houston: ## The Assumption of Risk as a Defense In any [personal injury](https://attorneybrianwhite.com/) claim, it is up to the [plaintiff](https://attorneybrianwhite.com/faqs/who-are-plaintiffs-and-defendants-in-a-personal-injury-case/) (injured party) to prove the defendant’s (party being sued) [negligence](https://attorneybrianwhite.com/faqs/what-is-negligence/) in causing the accident. The plaintiff must show that the [defendant](https://attorneybrianwhite.com/resources/defendants-in-personal-injury-claims/) owed him or her a duty of care, acted outside of this duty, and caused the injury. As the name implies, the defendant has a chance to defend himself or herself against the plaintiff’s allegations. In accidents involving a foreseeably dangerous activity, the assumption of risk is a common defense strategy. The legal defense of assumption of risk is an affirmative one that means the activity in question came within foreseeable or innate risks. What qualifies as a “foreseeable” risk depends on the situation. In general, something is foreseeable if a reasonable and prudent person could have predicted it would happen. A foreseeable risk of BMX biking, for example, is crashing the bike and suffering an injury. It often takes an expert witness to testify on the foreseeability of risk during a personal injury claim. It is possible to combat the assumption of risk defense if the plaintiff can show that a reasonable person could not have foreseen the type of risk that caused injury. The plaintiff might have voluntarily agreed to known dangers of the activity, but did not sign up for injuries that result from unpredictable dangers or hazards that stem from negligence. These might include loose animals, property hazards, defective products, reckless people, improper maintenance, and other dangers. For instance, a BMX biker might have assumed the risk of losing control of the bike and crashing, but he or she did not assume the risk of the property owner failing to notice an exposed piece of rebar on the tracks that caused the serious injury. In this example, the assumption of risk defense would likely not hold up if the injuries would not have occurred were it not for the piece of rebar that the property owner knew or should have known about. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## What If You Sign a Waiver of Consent? Many companies or individuals that offer risky activities make participants sign [waivers of consent](https://definitions.uslegal.com/w/waiver-of-consent/) before engaging in the activity. In many cases, signing a waiver is proof of the plaintiff’s assumption of risk, and can prevent the plaintiff from taking legal action against the company in the event of an injury. However, this is not always the rule. Signing a waiver does not automatically mean you can’t sue. If the defendant was negligent or reckless in some way that contributed to your injuries, a waiver of consent will not protect the defendant from liability. Ask a Houston injury lawyer if your claim has merit based on the facts of your accident. Dangerous activities are worth the risk to some people. Unfortunately, accepting or assuming certain foreseeable risks can take away your chance to pursue recovery should an accident occur. In legal terms, [“assumption of risk”](https://www.law.cornell.edu/wex/assumption_of_risk) typically refers to a person’s intentional willingness to participate in an activity that could be dangerous, such as skydiving or going on a roller coaster. It can also refer to a patient’s agreement to undergo risky surgery. Here’s what you need to know about assumption of risk if you’re the victim of a recent accident in Houston. ## Contact the Houston Personal Injury Lawyers at Attorney Brian White Personal Injury Lawyers For Help Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444 Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069) --- ### About the Author Brian White ![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg) [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer. Dedicated to giving back, he actively supports local charities and [community initiatives](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents. 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And as the party atmosphere [![Most Dangerous Intersections in Cypress](https://attorneybrianwhite.com/wp-content/themes/brian-white/assets/app/img/default-thumb.webp)](https://attorneybrianwhite.com/blog/most-dangerous-intersections-in-cypress/) [Most Dangerous Intersections in Cypress](https://attorneybrianwhite.com/blog/most-dangerous-intersections-in-cypress/)   Car accidents often result from a combination of driving behaviors and environmental factors. For [![The Difference Between Tort Law and Personal Injury Law](https://attorneybrianwhite.com/wp-content/uploads/2026/01/The-Difference-Between-Tort-Law-and-Personal-Injury-Law-300x200.jpg)](https://attorneybrianwhite.com/blog/the-difference-between-tort-law-and-personal-injury-law/) [The Difference Between Tort Law and Personal Injury Law](https://attorneybrianwhite.com/blog/the-difference-between-tort-law-and-personal-injury-law/) When someone gets hurt because of another person’s actions, determining which area of law applies can be confusing. [Links in the Chain of Causation](https://attorneybrianwhite.com/blog/links-in-the-chain-of-causation/) For any number of reasons, many people believe that recovering compensation after an accident with injury is a quick --- Source: https://attorneybrianwhite.com/faqs/what-is-an-assumption-of-risk/