What is assumption of risk?
Assumption of risk is a defense the other side raises to say an injured person knew about a specific danger and chose to accept it, so the person or business that created the danger should pay less or nothing. It comes up often after sports, rides, recreation and signed waivers.
Last checked November 9, 2026 · Official sources (4)
Assumption of risk example: the go-kart track
Example: you sign a release at a go-kart track in Scottsdale that says racing involves bumps and spins. On your second lap, the kart's brake pedal snaps and you hit the wall. Your broken ankle costs $15,000 in surgery, therapy and lost work. The track's insurer replies that you assumed the risk.
There are two different risks here. Getting bumped by another kart is part of the activity you chose. A brake pedal snapping because the track skipped maintenance is not something a rider expects or can see. Insurers often blur the two, and the difference is where the argument happens. In Arizona the defense is always a question of fact for the jury, and even if the jury applies it, your claim is not barred; damages are reduced by your share of fault. The wording of the release you signed matters too, which is a separate question.
How do Arizona and Texas treat assumption of risk?
| State | What we verified |
|---|---|
| Arizona | Always a jury question under the state constitution. If applied, damages are reduced instead of barred. |
| Texas (workplace) | An employer without workers' compensation coverage cannot argue the injured employee assumed the risk. |
We did not verify a general Texas rule for recreation or sports injuries for this page.
Why does assumption of risk matter to someone who was hurt?
It is one of the first defenses raised after injuries at gyms, trampoline parks, ski areas, races and job sites. It can shrink an offer quickly if you accept it without pushing back. Keep a copy of anything you signed, take photos of the equipment, and write down what the staff told you about safety. The question to ask is narrow: did you know about and accept this specific danger, or only the ordinary risks of the activity?
Assumption of risk vs. a waiver vs. comparative negligence
A waiver is a written promise not to sue; it is sometimes called express assumption of risk. Implied assumption of risk comes from your conduct, like joining a pickup football game. Comparative negligence is about your own carelessness, not your acceptance of a known danger.
Questions
Did I assume the risk by signing a waiver?
Possibly for the risks it clearly describes. Courts read waivers closely, and many do not cover everything a business might do wrong.
Can my employer say I assumed the risk of my job?
In Texas, an employer without workers' compensation coverage cannot use that defense against an injured employee.
Does assumption of risk end my claim in Arizona?
No. If the jury applies it, damages are reduced instead of barred.
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See if I’m owed moneySources (4)
- Utah State Courts, Glossary of Legal Terms, checked 2026-11-09. “In tort law, a defense to a personal injury suit. The essence of the defense is that the plaintiff assumed the known risk of whatever dangerous condition caused the injury.”
- A.R.S. § 12-2505, checked 2026-11-09. “If the jury applies either defense, the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault”
- Ariz. Const. art. 18, § 5, checked 2026-11-09. “The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury.”
- Tex. Lab. Code § 406.033(a), checked 2026-11-09. “it is not a defense that: (1) the employee was guilty of contributory negligence; (2) the employee assumed the risk of injury or death; or (3) the injury or death was caused by the negligence of a fellow employee.”