Personal Injury Law

Dangerous Condition on Roadway Caused Cyclist Injuries - Assumption of the Risk Not a Grounds for Dismissal

By Benjamin J. Sansone, Esq.

Recently, a cyclist that was injured due to a dangerous condition on the roadway almost had her case dismissed based on assumption of risk claim by the Defendant. The court of appeals ruled that cycling on the roadway is not assumption of the risk. In their case their was a dangerous "lip" in the roadway due to new asphalt and old asphalt coming together, however, the dangerous part about it was that there was not warning and the lip is not seen until the last second by cyclists. See - Bike Accident Lawyer Article - Refusal to Dismiss based on Assumption of the Risk Arguments.

the primary reasons I discuss this are that I am a bike accident personal injury lawyer and am currently representing an injured cyclist in St Louis Missouri that was injured under similar circumstances. As posted in a previous blog, my client was injured as the result of a a large fire hose laid across the road in spot that is not seen till the last second, at the bottom of a steep hill, and without any warning signs. See - St Louis Missouri Bike Accident Injury Lawyer Case.

Full post as published by Missouri Injury Law Blog on May 28, 2009 (boomark / email).