Earlier this month, an appellate court in Georgia issued an opinion in a wrongful death case that illustrates an important issue that often arises in Washington, D.C. personal injury cases. Specifically, the case discussed the doctrine of “assumption of the risk” and how it can prevent a plaintiff from recovering compensation for their injuries.
The plaintiff was the surviving loved one of a farm worker who died after a tractor tire fell on top of him as he was attempting to remove the tire on his own. Prior to the accident that claimed the worker’s life, he was asked to remove the tire by his employer, the farmer. The farmer specifically told the worker, however, not to remove the tire on his own.
After the accident, the worker’s family filed a wrongful death case against the farmer, claiming that the farmer did not provide the worker with the proper tools and created an unreasonably dangerous situation. The farmer argued that the worker assumed the risks involved in changing the tire by proceeding to do it by himself. The court agreed, dismissing the plaintiff’s case.