How To Prove A Michigan Assumption of Risk Defense

 

 

In Michigan, a defense of Assumption of Risk is defined as:

Assumption of risk is a doctrine that a person may in advance relieve another person of the obligation to act towards him or her with due care and may accept the chance of being injured. It is an affirmative defense that the plaintiff cannot receive compensation for injuries from the defendant because the plaintiff freely and knowingly assumed the risk of injury and relieved the defendant of the obligation to act with reasonable care.

It simply means:

A party knew the risks of injury or damage, but put themselves in harm’s way anyway.

There are 2 elements of the defense:

• Element 1. The plaintiff knew of the risk involved. The plaintiff understood the dangers associated with an activity and chose to participate anyway, which can limit their ability to claim damages if they get hurt.
  

  Facts that might support this element look like:

  * The plaintiff had previously participated in similar activities and was aware of the inherent risks involved.
  * The plaintiff signed a waiver acknowledging the potential dangers before engaging in the activity.
  * The plaintiff received a safety briefing that outlined the risks associated with the activity prior to participation.
  * The plaintiff had conversations with other participants about the risks involved before deciding to proceed.
  * The plaintiff had prior knowledge of accidents that occurred during the same activity, indicating awareness of the risks.

• Element 2. The plaintiff voluntarily accepted the risk, either expressly or impliedly through conduct. The plaintiff knew about the risks involved in an activity and either clearly agreed to take those risks or showed through their actions that they accepted them, which can limit or eliminate the defendant’s liability in a legal case.
  

  Facts that might support this element look like:

  * The plaintiff signed a waiver acknowledging the inherent risks associated with the activity before participating.
  * The plaintiff had prior experience with similar activities and was aware of the potential dangers involved.
  * The plaintiff continued to engage in the activity despite being warned of specific risks by the instructor.
  * The plaintiff actively chose to participate in a high-risk event, fully understanding the potential consequences.
  * The plaintiff observed others experiencing difficulties but decided to proceed anyway, demonstrating an acceptance of the risks.

^{(See Bertin v. Mann, 502 Mich. 603 (2018).)}
If you’re representing yourself in court and plan to assert a Defense of Assumption of Risk, it’s crucial to have a solid strategy in place. With a Personal Practice of Law at Courtroom5, you’ll be equipped to determine what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Navigating the complexities of your defense requires careful planning and preparation, and we’re here to help you succeed.

Prove Your MI Assumption of Risk Defense

U.S. Civil Cases Only