Personal injury attorneys in New York are faced with determining if a client has a case based on something called “Assumption of Risk.” Your case will not make a strong claim of negligence if someone assumes the risk of a dangerous activity such as a sporting event.
A common misconception of personal injuries is that you can automatically file suit if you are injured. Personal injury indicates that someone else was negligent in their actions toward you. For example, if you take part in a sporting event, and you’re injured in the process, you can’t sue another party just because you were injured. The injury was not necessarily the result of someone else’s negligence. Investigations have to be performed to prove that someone else is at fault for your injury. If all measures were taken for your safety on their part, and your injury was not due to someone else’s negligence, your chances of filing suit greatly decrease. You assume the risk of injury when participating in the event. You know the dangers; you know what can go wrong.
Now, if you’ve been hit by a drunk driver, you may have a case. Someone else acted negligently toward you, and that much can be proven.
If you suspect that someone else is at fault in your injury, call (716) 854-2100 to speak with an attorney.