Assumption of Risk

What is “Assumption of Risk” and how much does it matter in your Personal Injury Case

The world of litigation is strange, full of twisting paths, ready to trap the unwary. If you or someone close to you has been sued then you know the trauma caused by litigation. It is expensive, it is time consuming, it is emotionally harrying. If on top of all this you’re not even sure what’s going on then the psychological impact doubles. Litigation can hit anyone at anytime and anyplace. It helps to understand some basic legal terms and the options available to you in terms of defense.
We are talking here about personal injury cases. A personal injury claim involves legal action against an entity (person, business, agency, government) who has by some negligent action caused mental, emotional or physical injury to another entity. For the sake of clarity, and for help with the examples presented later on in this article, the plaintiff is the person who is suing another entity while the defendant is the person who allegedly caused the injury.

Legal Options

In this article we will be talking about the options available to the defendant in terms of legal arguments for defense. If the defendant’s behavior has not been reckless or negligent and therefore there can be no substantial evidence linking the plaintiff’s injury to the actions of the defendant then it is up to the defense attorney to provide said evidence and the case is fairly straightforward. The complications arise when there is negligent behavior on the part of the defendant. In this case the defense attorney has to find a way to counteract the elements of the plaintiff’s case which involve an injury and a direct link from the injury to the actions of the defendant.


Some common approaches used by the defense attorneys in such cases are:

1. Comparative negligence which refers to the plaintiff’s actions also being taken into account and found negligent.
2. Assumption of risk which refers to the plaintiff being aware of the risks associated with his/her actions and still going ahead with the actions that caused/contributed to the injuries.

Assumption of risk can be “express” which is in the form of a written contract or “implied” which is in the form of the plaintiff’s actions or statements that might suggest he was aware of the risks involved. In case of express assumption of risk the plaintiff cannot sue for negligence on the part of the defendant. In case of implied however, the attorneys on both sides can play around a bit because they have to take the jury inside the mind of the plaintiff.
Personal injury cases in Florida follow the same principles. In case of express assumption of risk the plaintiff has a weak case and the defendant is not held responsible for the claims. For implied assumption of risk, the Florida court generally follows comparative negligence rules. This means that in the absence of a written contract in which the plaintiff accepts the risks of engaging in a particular activity, the court will judge the case on the basis of the negligence showed by both parties and the damages paid to the plaintiff will be dispensed according to the percentage of negligence determined by the jury.

Ideas to Attract Customers with Event Marketing

Woman_ideas_infographic_social_clouds_concept_FREE_VECTOR-600x300Customer events are exceptional ways to create excitement and to attract new customers who will be loyal to your business. But, how can you come up with an event idea that will help you by attracting people? In this content, there are some useful and beneficial ideas to attract customers to your business.

Learning event: In this event, you will focus on teaching the attendees on how to do a specific thing. The options that are available are limitless and these include things such as a winery having wine and food pairing, a makeup artist to reveal the latest methods in highlighting and contouring, a plumber who could advise the benefits of maintaining pipes, an esthetician to address the benefits of good skincare and aging effects, and the money people can save with the right upkeep.

Hands-on or interactive event: Just like a learning event, a hands-on event will take learning to the next level by putting it into the attendees’ hands. Such an event will let the attendees roll their sleeves up to learn and do things simultaneously. For instance, typical examples of the hands-on event include a printer demonstrating the process of creating letterpress cards and invitations, a plant nursery that shows the steps involved in planning succulents in mini terrariums, a software company letting customers create an application using their technology, etc.

Charitable event: These are events that happen with a cause that is tied to them, and these are brilliant ones to attract customers as there is a do good, feel good element in such events. Spending or shopping for a cause is something that customers take pride in, and it helps in contributing to the success factor of these events. You can hold a charitable event whenever you want and ensure that you connect to the audience as they care about the theme and cause. For instance, you can have a retail cloth store hosting to donate the old coats or denim.

Special guest event: Inviting special guests to your event can be really awesome to attract people to the event. Several local athletes will also lend their name as well as a presence to the causes that they support. A café or restaurant can get a celebrity chef to prepare a special meal or dish and also sign cookbooks, a well known makeup artist can be brought by a wedding consultant to provide makeovers for the big day, and so on. The idea behind this is people simply love to have special experiences that are out of the box, and these will events will deliver on that.

VIP event: Usually, people love to be a part of special and exclusive things. Likewise, a VIP event will attract people, and you can create either a members-only event or VIP event for the loyal customers and provide them special shopping hours, elevated customer service, and nice discounts. These events have been popular for many years, and the key to such events is to keep it manageable and small so that you provide the best user experience as they are your best customers.

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