Assumption of Risk and Adventure Sports
by Nicole Silk
Adventure sports are recreational activities that focus on personal challenge and individual effort. They often occur in a wilderness (or non-urban) setting. River rafting, parachuting, trekking and backpacking, bicycle touring, hang-gliding, skydiving, bungy-jumping, rock climbing, and kayaking are just some of the available adventure sports. The popularity of these sports has substantially increased over the last decade. Risk, the common thread that runs through all of these activities, is, in part, what draws people to adventure sports. Why do people wish to expose themselves to risks unnecessarily? Perhaps they wish to challenge themselves, overcome personal fears, or gain a sense of accomplishment and personal satisfaction not ordinarily obtainable. They may also seek the novelty and adrenaline rush of the experience. For some, the rewards of participation are well worth any risk they may encounter. Some people claim their lives have been changed for the better as a consequence of participation in these activities. J. R. L. Anderson believes there is a factor in humans, the "Ulysses factor," which explains why a few individuals are driven to undertake extremely adventurous exploits. However purposeless these risks may seem, Anderson states that they "are of value to the survival of the race." The Ulysses Factor,at p. 17 (1970). He suggests that something in the genetic make-up of all humans, though highly developed in relatively few, impels us towards firsthand physical discovery. Id. at 315. Attractive as adventure sports may be, the risks are real. Bruises, scrapes, broken bones, concussions, and even death are possible, although safety precautions greatly decrease the probability of injury. Inevitably, outfitters and regulatory agencies involved with adventure sports are held accountable. When an adventurer or their representative attempts to hold one of these affiliates liable for their personal...
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