Anderson Injury Lawyers | May 16, 2025 | Personal Injury
If you’ve been injured in an accident in Texas, you may wonder whether you can still recover compensation if you voluntarily took part in a risky activity. This is where the legal concept of assumption of risk comes into play. In some cases, it can limit or even prevent you from recovering damages for your injuries.
Texas law treats assumption of risk differently from some other states. It’s important to understand what this defense means, when it applies, and how it could impact your personal injury claim.
What Is Assumption of Risk?
Assumption of risk is a legal defense that can be used in personal injury cases. It refers to situations where a person knowingly and voluntarily exposes themselves to a dangerous condition or activity.
If someone is injured while doing so, the other party may argue that the injured person should not receive compensation because they accepted the risks involved.
There are two general categories of assumption of risk:
- Express: Express assumption of risk happens when someone clearly agrees in writing or verbally to take on the danger. For example, signing a waiver before skydiving.
- Implied: Implied assumption of risk occurs when someone’s behavior shows they understood and accepted the risk, even if they didn’t say so directly.
However, not all risks are assumed just by participating in an activity. Texas courts look closely at what the person actually knew and what they could reasonably expect.
How Texas Handles Assumption of Risk
Unlike some other states, Texas does not treat assumption of risk as a stand-alone legal defense in most personal injury cases. Instead, Texas uses a system called modified comparative negligence. That means courts weigh how much fault each party had in causing the injury.
Here’s how it works per state law:
- If you’re more than 50% at fault, you cannot recover any money.
- If you’re 50% or less at fault, your damages will be reduced by your percentage of responsibility.
For example, if you were 10% responsible and your total damages were $200,000, you could still recover $180,000.
When Might Assumption of Risk Come up in Texas?
There are several types of personal injury cases where assumption of risk might be a factor. These include:
- Sports and recreational activities: If you were injured while skiing, riding a mechanical bull, or playing in a contact sport, the other party might argue you knew the risks involved.
- Dangerous property conditions: If someone enters a clearly marked hazardous area and gets hurt, they may have a harder time winning compensation.
- Workplace or construction accidents: In some job roles, employees deal with known dangers every day. If safety rules were followed and the worker was aware of the risk, that could be used to reduce liability.
Still, just because an activity is risky doesn’t mean you automatically give up your right to sue. Texas law focuses on whether the risk was obvious, whether the injured person truly understood it, and whether the other party still acted negligently.
Can a Waiver or Release Prevent You From Suing?
In many cases, businesses ask participants to sign a liability waiver. These are common in gyms, amusement parks, and adventure sports companies. A waiver might say that you agree not to sue if you get hurt.
However, waivers are not always enforceable in Texas. A court will look at factors like:
- Whether the language in the waiver is clear and specific
- Whether the injury was caused by gross negligence
- Whether the person signing the waiver fully understood what they were agreeing to
If the waiver is vague or poorly written, or if the injury was caused by reckless or intentional behavior, the waiver might not hold up in court.
Should You Still File a Personal Injury Claim?
If you were injured in Texas and think you may have assumed some risk, that doesn’t necessarily mean you’re out of options. A personal injury lawyer can help you determine whether you still have a valid case. Even if you were partially responsible, you might still recover meaningful compensation. Contact an attorney today for a free consultation.
Contact Our Personal Injury Law Firm in Texas
If you’ve been injured in an accident in Fort Worth or Dallas and need legal help, contact our personal injury lawyers at Anderson Injury Lawyers to schedule a free consultation. We proudly serve Tarrant County, Dallas County, and throughout Texas.
Anderson Injury Lawyers – Fort Worth Office
1310 W El Paso St, Fort Worth, TX 76102
(817) 294-1900
Find us with our GeoCoordinates: 32.74621197527774, -97.33552733508391
Anderson Injury Lawyers – Fort Worth Office (Secondary)
6618 Fossil Bluff Dr # 108, Fort Worth, TX 76137
(817) 631-4113
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Anderson Injury Lawyers – Dallas Office
408 W Eighth St Suite 202, Dallas, TX 75208
(214) 327-8000
Find us with our GeoCoordinates: 32.748815542196404, -96.82524302658787
Anderson Injury Lawyers – Dallas Office (Secondary)
6301 Gaston Ave suite 820, Dallas, TX 75214
(469) 457-4711
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