--- title: Breaking Your Thumb at a Friend’s House:  Assumption of Risk? description: "Can you sue for breaking your thumb at a friend's house? The better question is: would I be successful in such a lawsuit? Read this blog to find out." image: https://blog.goosmannlaw.com/hubfs/108461885_s.jpg --- [![Goosman Lawfirm](https://blog.goosmannlaw.com/hs-fs/hubfs/Goosmannlaw%20October2017/images/Goosmann_Law_Firm_logo_4C-white.png?width=1250&name=Goosmann_Law_Firm_logo_4C-white.png "Goosman Lawfirm")](http://goosmannlaw.com/) - [COVID-19 Toolbox](https://goosmannlaw.com/covid-19-resource-toolbox/) - Our Team - [Attorneys](https://goosmannlaw.com/attorneys/) - [Non-Attorney Staff](https://http://goosmannlaw.com/non-attorney-staff/) - Practices & Industries - [Practices](https://goosmannlaw.com/practices/) - [Banking & Finance](https://goosmannlaw.com/banking-finance/) - [Bankruptcy, Restructuring & Workouts](https://goosmannlaw.com/bankruptcy-restructuring-workouts/) - [Business](https://goosmannlaw.com/business/) - [Divorce & Family Law](https://goosmannlaw.com/divorce-family-law/) - [Employment](https://goosmannlaw.com/employment-law/) - [Environmental, Health & Safety](https://goosmannlaw.com/health-safety/) - 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An affirmative defense means, essentially, that the defendant is admitting that something happened for which he could otherwise be held liable.  An example that most people are familiar with (on the criminal side of things) is the “insanity defense.”  Basically (over simplified), in such a case the defendant admits he killed the person but says he should not be held responsible because he is/was insane. In the case of my daughter’s broken thumb, my friend would likely defend against the lawsuit saying he should not be held liable for various reasons.  As part of that, he may argue that *even if* he could be held liable because it happened on his property he should not be held liable because my daughter knew that there was a risk involved in playing with those weights and did it anyway. In order to win with the defense of assumption of risk, my friend will have to prove:  (1) that my daughter knew of the specific danger that could happen, (2) understood the danger, and (3) voluntarily exposed herself to the danger that caused her broken thumb.[\[2\]](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/breaking-your-thumb-at-a-friends-house-assumption-of-risk#_ftn2)  While there may be some argument of whether my pre-teen daughter knew that playing with those weights had risk or whether she really “understood” the danger, there is no question that she voluntarily exposed herself to the risk.  No one forced her to do it, and she was just playing and having fun. While I would likely not sue my friend simply because the injury was fairly minor and he is my friend (in addition to the fact that he is also an attorney at the same law firm as me), there would be plenty of obstacles that could prevent a successful recovery.  If you think you might have a case, contact the experienced trial attorneys at the Goosmann Law Firm, in our Omaha, Sioux City, and Sioux Falls offices. [![CONTACT US](https://no-cache.hubspot.com/cta/default/489404/60d77596-fa6c-4cb1-a3bf-b2fb87ab9210.png)](https://cta-redirect.hubspot.com/cta/redirect/489404/60d77596-fa6c-4cb1-a3bf-b2fb87ab9210) [\[1\]](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/breaking-your-thumb-at-a-friends-house-assumption-of-risk#_ftnref1) Neb. Rev. Stat. § 25-21,185.12, [https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,185.12](https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,185.12) [\[2\]](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/breaking-your-thumb-at-a-friends-house-assumption-of-risk#_ftnref2) *Pleiss v. 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