A voluntary participant in a game, sport, or contest, assumes all risks incidental to the particular game, sport, or contest which are obvious and foreseeable. However, he or she does not assume an extraordinary risk which is not normally incident to the game or sport. Even where the assumption of the risk doctrine applies, defendants have a duty to use due care not to increase the risks to a participant over and above those inherent in the sport. While under the doctrine of assumption of risk, a defendant has no legal duty to eliminate or protect a plaintiff from the risks inherent in a sport, but the defendant owes a duty not to increase the inherent risks. To determine whether the primary assumption of risk doctrine applies to a sports participant, the court must decide whether the injury suffered arises from a risk inherent in the sport, and whether imposing a duty might fundamentally alter the nature of the sport.
The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Title: Arkansas Complaints: Fall while Ice Skating caused by Inattentive Skating Instructor Introduction: Arkansas witnesses a significant number of complaints related to falls during ice skating as a direct consequence of an inattentive skating instructor. These complaints reflect the dissatisfaction of individuals who have experienced injuries while ice skating under the supervision of negligent instructors. This article will explore various types of Arkansas complaints arising from falling incidents due to inattentiveness of skating instructors, highlighting the potential risks and repercussions involved. 1. Negligence and Arkansas Personal Injury Complaints: Many individuals who sustain injuries while ice skating due to the inattentiveness of their skating instructor file personal injury complaints in Arkansas. These complaints highlight how the instructor's negligence directly led to their falls, resulting in physical harm, medical expenses, pain and suffering, and potential loss of income. 2. Arkansas Product Liability Complaints: In some cases, complaints may focus on the equipment provided by the skating facility. This type of complaint emphasizes how faulty or inadequate ice skates, protective gear, or maintenance of equipment contributed to the fall and subsequent injuries. Individuals affected can seek compensation for damages or faulty product liabilities through lawsuits filed in Arkansas. 3. Breach of Duty Complaints: Complainants may argue that the skating instructor breached their duty of care and failed to provide a safe environment for ice skaters. These complaints highlight how the instructor's inattentiveness — such as distractions, lack of supervision, or failure to identify and address hazardous conditions — directly led to the fall. 4. Arkansas Parental Complaints: Given the popularity of ice skating among children, parental complaints often arise due to falls caused by an inattentive instructor. These complaints express concern over the inadequate supervision and failure to intervene promptly, endangering the safety of their children while ice skating. 5. Arkansas Recreational Facility Complaints: Sometimes, complaints arise against the skating facility as a whole, arguing that their lack of proper employee training, insufficient safety protocols, or failure to monitor instructors' effectiveness led to falls caused by inattentiveness. Such complaints aim to hold the facility accountable for their negligence and ensure improvements in safety measures. Conclusion: Arkansas experiences a range of complaints regarding falls while ice skating due to the inattentiveness of skating instructors. These complaints encompass personal injury, product liability, breach of duty, parental, and recreational facility complaints. It is crucial to address these issues to ensure the safety and well-being of ice skaters, seeking legal measures to demand accountability and prevent future incidents.
