Assumption of Risk

Topic 1: Assumption of Risk

Let’s look at a waiver required for participation in certain events that could be construed as abnormally dangerous activities. Go to the following website: Participant Assumption of Risk: Utah Velo Club : http://www.utahveloclub.com/club_assumption_of_risk.htm

Assume that you signed the waiver in order to participate in a cycling tour but sustained an injury because the tour guide stopped abruptly in front of you to point out a memorial. As a result of the sudden stop, you flew off the bike, broke your leg, and ended up with a concussion. You want to sue for your injuries but are concerned that the waiver could hinder your lawsuit. Review the waiver in conjunction with your possible action. Do you think you still have a shot at recovering damages? Will the company be successful in asserting the defense of assumption of the risk?

Topic 2: Vicarious Liability

Under the theory of vicarious liability, an employer may be responsible for the negligent actions of an employee. One important component of vicarious liability is that the employee must be acting within the scope of the employee’s duties when the negligence took place. Let’s explore vicarious liability as you review the following two websites: Sidel, R. (2010). Vicarious liability under the doctrine of respondeat superior. Retrieved from Wolf, Baldwin & Associates, P.C. (2009). Vicarious liability – Employers’ Liability for Wrongdoing of Employees. Retrieved from http://www.wolfbaldwin.com/attorneys_lawyers/articles.asp?ArticleID=31&Page=vicarious_liability_employer_PA_tort_employee_Pennsylvania.asp

As you review the websites, consider:
• How can an employer be liable for the actions of an employee and what is the nature of that liability?
• What does “scope of employment” mean in the context of vicarious liability?

………………Answer preview……………..

By reviewing the waiver and the situation of my accident, I still have a chance with this case. The waiver did not say that I will be responsible for myself, but the organization that arranged the cycling event has got the full responsibility over me…………………………………..

APA

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