Express Assumption of Risk in Sports and Recreational Activities

Express assumption of risk in sports is a legal defense that prevents an injured plaintiff from recovering damages when they knowingly and voluntarily accepted the risks inherent in participating in a sport or recreational activity. This doctrine is especially relevant in cases involving injuries during athletic events or high-risk activities.

What Is Express Assumption of Risk?

When a plaintiff expressly assumes a risk, they effectively waive their right to avoid those bodily contacts and dangers that are inherent in the sport. Courts have held that a plaintiff is barred from recovery if a jury finds that:

1. The plaintiff subjectively understood and appreciated the risk, and
2. The plaintiff still chose to participate despite that knowledge.

In such cases, assumption of risk serves as a complete defense to liability.

Contact vs. Non-Contact Sports

Non-Contact Sports

In non-contact sports, such as diving, the law treats assumption of risk differently. Even when an athlete recognizes an open and obvious danger, they may still recover damages under comparative negligence principles if the elements of the tort are proven. In these cases, assumption of risk does not act as a total bar to recovery but may reduce damages based on fault allocation.

Contact Sports

Participation in contact sports—such as football, basketball, or harness racing—creates a broader waiver of liability. Courts recognize that players voluntarily consent to the bodily contact inherent in the sport. However, this waiver is not unlimited. The defense of express assumption of risk in contact sports only covers risks inherent in the sport itself.

Example: In McNichol v. South Florida Trotting Center, Inc., 44 So. 3d 253 (Fla. 4th DCA 2010), the court ruled that even in a contact sport like harness racing, assumption of risk only applies to dangers inherent to that sport.

Express assumption of risk in sports plays a critical role in balancing fairness between athletes and liability exposure. While contact sports typically involve broader waivers of liability, non-contact sports may still allow recovery under comparative negligence.

If you are involved in a sports injury case in Florida, consult an experienced attorney to understand how assumption of risk may affect your rights and defenses.

FAQs About Express Assumption of Risk in Sports

1. What does express assumption of risk mean in sports?

It means an athlete knowingly accepted the risks of injury inherent in participating and waived the right to sue for those injuries.

2. Does assumption of risk apply in non-contact sports?

Not as a complete bar—injured players may still recover damages under comparative negligence.

3. Is assumption of risk unlimited in contact sports?

No. It only covers risks inherent in the sport, not reckless or intentional misconduct.

4. Can assumption of risk be raised in recreational activities?

Yes. It applies in both organized sports and recreational activities when risks are knowingly accepted.