Boston University School of Law

In torts class we have recently begun to discuss “assumption of the risk” as a defense for negligence.

Briefly defined assumption of the risk is a defense when the plaintiff has voluntarily and knowingly assumed the risks inherent to the (dangerous) activity in which he/she was participating at the time of the injury.

If I may, I would like to contextualize this a little bit in terms of how this is relevant in my “assuming the wish.”

Throughout my life for as long as I can remember I have been an advocate. I (often times to my detriment) have always been willing to speak up for the things I believe in or to speak up for those who either could not or would not speak for themselves, as evidenced by my being the only male grandchild in my family to get a spanking by my grandfather.

I would often times tell my mother and my grandmother that I was sick of all the trouble my speaking out would bring me, and they would always respond by telling me that God was preparing me for something.

Now I know this may sound corny but my mother can verify that I said that I was going to be a lawyer every since I was a little kid (after all what else could an argumentative little boy with a sense of entitlement, and a slightly formed concept of justice hope for?), despite not knowing or having access to any.

Though I had this wish or desire as I child, I got sort of derailed (or so I thought) in my pursuit of all things artistic, music, film, graphic arts.

As fate would have it all of these things came in handy when I became immersed in a battle at home to save some streets in my neighborhood.  As the person in charge of communications, I had to call upon all of my artistic skills to further the cause of the organization and the people I represented.

This work brought me into contact with lawyers for the first time in my life. At their urging I decided that I would apply to law school, and luckily enough for me I was accepted.

Now here I sit 3,000 miles away from home, in a small apartment with very little furniture, contemplating whether it was all worth it.

What is it worth it for me to leave the 3 mile radius where I have spent all my life, abandoning family, friends, a significant other and most importantly the weather of the West Coast, to pursue a degree which just two years ago I no longer had the desire to pursue?

YES!

It is my nature to want to fix the ills of my community, and society as a whole, and though I thought there was, there IS no better way to do so then via the law.

I have always wished that I and people from my similar surroundings had the access to make the changes that we felt like were needed.

I always said if just given the opportunity I could make all the things I have wished for or hope for happen for those from communities like mine, and now I have the chance.

In coming here I not only assumed the wishes of those who came before me but I assumed the inconveniences (if short term) that come with making that wish a reality.

And though I don’t always want to sit in class everyday and I will be as sick as possible when Thanksgiving rolls around and I am eating pad thai at home alone instead of eating with my loved ones, I will do so knowing that I have voluntarily and knowingly assumed the risks inherent to the activity in which I am participating in at the time of injury.

An activity which will give me access to permanently change the landscape of the world I inhabit.

YES, law school!