The defense of assumption of risk is quite narrowly confined and restricted by two requirements: First; that the plaintiff must know the risk and must understand the risk he is incurring, and second; that his choice to incur it must be entirely free and voluntary. In its simplest and primary sense, assumption of risk means that the plaintiff, in advance, has expressly given his consent to relieve the defendant of an obligation of conduct toward him, and to take his chances of injury from a known risk arising from what the defendant is to do or to leave undone.
Title: Understanding the Michigan Release, Waiver, and Assumption of Risk Agreement Executed by Passenger of Private Airplane Introduction: Michigan's Release, Waiver, and Assumption of Risk Agreement (AWARD) is a legal document executed by passengers of private airplanes, outlining the inherent risks associated with air travel and releasing the aircraft owner/operator from certain liabilities. In this article, we will delve into the details of this agreement and explore its various types and circumstances in which they are executed. 1. The Purpose of a Michigan AWARD: A Michigan AWARD serves as a legally binding contract between the passenger and the aircraft owner/operator, wherein the passenger acknowledges and assumes the inherent risks involved in flying on a private airplane. The agreement functions as a means of protection for the aircraft owner/operator against potential legal claims resulting from accidents or injuries during the flight. 2. Key Components of a Michigan AWARD: a. Voluntary Assumption of Risk: The passenger explicitly acknowledges that they understand and willingly assume the risks involved in flying on a private airplane, including but not limited to crashes, turbulence, mechanical failures, human errors, and other unforeseen circumstances. b. Waiver of Liability: By signing the agreement, the passenger agrees to release the aircraft owner/operator from any claims, demands, or lawsuits arising from injuries, property damage, or death sustained during the flight. c. Indemnification: The passenger typically agrees to indemnify the aircraft owner/operator, meaning they will bear all costs, expenses, or compensation arising out of any claims brought against the owner/operator as a result of the passenger's actions or negligence. 3. Types of Michigan AWARD: a. Standard AWARD: This is the most common type of agreement executed by passengers of private airplanes. It covers general risks associated with air travel, such as accidents, injuries, or property damage caused by unexpected events. b. Extreme Sports AWARD: In certain instances where passengers engage in activities such as skydiving, aerobatics, or other high-risk pursuits, a specialized AWARD may be required to address the additional risks associated with these activities. c. Medical Condition AWARD: If a passenger has a known medical condition that may pose risks during the flight, a separate AWARD addressing the specific medical condition and its potential impact on the journey may be necessary. 4. Importance of Seeking Legal Advice: Given the complex nature of Michigan Awards and the potential legal implications, it is advisable for passengers to seek legal counsel before signing any agreement. An attorney can ensure that the agreement is fair, clearly outlines the risks, and protects the passenger's rights while complying with relevant Michigan laws. Conclusion: The Michigan Release, Waiver, and Assumption of Risk Agreement executed by passengers of private airplanes aims to protect both the passenger and the aircraft owner/operator. By understanding and accepting the potential risks associated with flying, passengers can enter into this agreement knowing the legal implications and their rights. Seeking legal advice is crucial to ensure a fair and enforceable agreement that meets all necessary legal requirements.
