Some activities are inherently risky, and the law says that any foreseeable injuries from such pursuits are not recoverable, because the injured person “assumed the risk” that his or her injuries would occur.
But just because an activity has a higher risk of harm than normal, does not mean that injuries are not compensable. If a wrongdoer enhances or increases inherent risks unreasonably they ae liable. In one example discussed in this news report, the family of a girl who died while riding a go-kart is suing the racetrack where her accident occurred for wrongful death. The deadly crash did not take place during the race, but afterward, when the girl, 14, was unable to stop after crossing the finish line.
According to the family’s attorney, a wire hanging in the area where the kids are directed to drive after the race caught the girl in the head or neck area, fatally wounding her. The racetrack lacked safety devices to reduce the risk of this happening. The suit also alleges that pedal extenders which employees gave to the girl were inadequate because they prevented her from using the brakes on her go-kart.
