Question 1

Can a business make me assume all risk in a contract?

Accepted Answer

They can try, but courts won't enforce blanket risk assumptions for everything. You can assume risk for known, specific dangers, but not for a company's own negligence or intentional harm. A gym waiver covers you pulling a muscle; it doesn't cover the gym's electrical wiring catching fire.

Question 2

Is an assumption of risk waiver enforceable?

Accepted Answer

Usually yes, for the specific risks described. Courts look at whether the waiver was clear, whether you understood what you were signing, and whether the risk that caused harm was actually covered. Vague, overly broad waivers are more likely to get thrown out than specific ones.

Question 3

What happens if I get hurt doing something I signed a risk waiver for?

Accepted Answer

If the injury resulted from a risk the waiver specifically covered, you probably can't recover damages. But if the injury resulted from negligence that wasn't covered — like faulty equipment the company knew about — the waiver likely won't protect them. Waivers have limits.

Question 4

Does assumption of risk apply to software contracts?

Accepted Answer

Yes, commonly in beta testing agreements and open-source licenses. When you use beta software, you're typically assuming the risk that it'll crash, lose data, or not work as advertised. The provider's disclaimer of warranties is essentially making you assume the risk of using an unfinished product.

Question 5

Can minors assume risk?

Accepted Answer

In most states, no. Minors generally can't enter binding contracts, including risk waivers. Parents can sign on behalf of minors, but enforceability varies by state. California and New York courts have ruled that parental waivers for minors aren't binding, while other states allow them.

Assumption of Risk

Definition

In Practice

Common in these contract types

Related terms

Frequently asked questions about assumption of risk

Create a contract with proper assumption of risk clauses