It is often difficult to recover damages for injuries that are the result of a danger that the injured person was aware of and chose to put themselves in. The law recognizes that a person who voluntarily risks injury by knowingly undertaking an activity that poses a known risk, does so with the knowledge that they may be injured and should not be entitled to compensation for their injury. Therefore, it is essential to determine whether the injured person knowingly assumed the risk of injury.
There are exceptions to this rule, however, including where the court is convinced that the injured person was unaware of the risk or where the court finds that the risk was abnormally high.
