In a recent legal bulletin by McGlinchey Stafford titled ‘What Is My Assumption of Risk?‘, Portia Smith’s case (Smith v. Be Fit with Michelle, LLC) was discussed in detail about how the plaintiff waived his right to claim against the defendant for negligence, which was upheld by the 11th District Appellate Court.
Assumption of risk is a legal principle that may absolve an entity of liability if they can demonstrate that the risk was understood and willingly accepted by another party. The concept applies to many aspects of business and is particularly relevant in the sectors of sports and recreation, where some risk of injury might be assumed by participants.
In the featured case, Smith v. Be Fit with Michelle, LLC, in the 11th District in Lake, No. 2023-Ohio-3118, the Appellate Court affirmed a trial court’s decision to grant the defendant a summary judgment on a negligence claim, indicating that the plaintiff had expressly waived his right to recover any damages resulting from any negligence on the part of the defendant.
This ruling supports the fundamental principle behind the legal doctrine of assumption of risk. That is, those involved in ventures where risks are apparent should have the right to waive those risks, provided they have commensurate understanding and have given informed consent.
The ruling represents a clear application of this critical legal theory within negligence law and reinforces the protected rights of parties to waive liability under appropriate circumstances.
Professionals in the legal sector, particularly those specializing in contract law or negligence suits, need to ensure they understand the latest nuances and applications of the assumption of risk doctrine. Its effective use can in many cases be the difference between a favorable or adverse result for the client.