When a party files a personal injury case against a defendant, the defendant has the opportunity to argue one or more defenses in hopes of escaping liability. In some cases, the ultimate determination comes down to which witness is more believable. However, in other cases, the facts are not necessarily contested, and the parties argue whether a legal defense applies.
One common defense in Maryland personal injury cases is “assumption of the risk.” The doctrine of assumption of the risk stands for the proposition that a person cannot seek to hold another party liable for injuries they sustained while engaging in an activity that they knew was risky. A recent case brought by a firefighter illustrates this principle.
The Facts of the Case
The plaintiff was a firefighter who was called to assist in the efforts to put out a wildfire that had gotten out of control. The firefighters set up a headquarters inside the center of an oval racetrack and set up camp outside the track. However, by the time the plaintiff arrived, all of the camp spots had been taken. She then sought permission to camp inside the track. She was given permission and spent the first night there without a problem.