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: Arizona Complaint due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor: Detailed Description and Different Types 1. Description: The state of Arizona has become a popular destination for ice skating enthusiasts due to its numerous ice rinks and favorable weather conditions during winter. However, accidents can happen, even under the supervision of trained skating instructors. This detailed description focuses on an Arizona complaint stemming from a fall while ice skating, resulting from the inattentiveness of a skating instructor. When individuals enroll in ice skating lessons, they expect a safe and enjoyable experience. Skating instructors are responsible for ensuring the safety of their students by providing proper instruction, monitoring their progress, and promptly addressing any potential hazards. Unfortunately, instances of inattentiveness, negligence, or lack of training on the part of the instructor can lead to accidents and injuries. 2. Types of Arizona Complaints due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor: a) Negligent Supervision: In this type of complaint, an instructor fails to closely monitor the skaters, neglecting their responsibilities, and allowing dangerous situations to occur. This might include a lack of presence on the ice or failure to address risky behaviors among students. b) Inadequate Training: Some complaints revolve around skating instructors lacking the necessary training, certifications, or experience to effectively teach students and handle emergency situations. This could also include instructors who are not knowledgeable about proper safety protocols or fail to update their skills. c) Failure to Address Hazards: Skating instructors are expected to identify and promptly address any potential hazards within the ice rink environment. Complaints may arise when instructors fail to take action against unsafe conditions, such as uneven ice, broken equipment, or other skaters engaging in reckless behavior. d) Lack of Communication: Effective communication between instructor and student is crucial for maintaining a safe skating environment. Complaints may arise when instructors fail to communicate instructions clearly, neglect to warn students about potential risks, or do not provide adequate feedback to help prevent accidents. e) Supervision of Young Skaters: A specific type of complaint may involve the negligent supervision of young ice skaters, where instructors fail to give sufficient attention to beginner skaters who are particularly vulnerable to falls and injuries. In summary, when ice skating accidents occur due to the inattentiveness of a skating instructor in Arizona, individuals may file complaints in various categories, including negligent supervision, inadequate training, failure to address hazards, lack of communication, and lax supervision of young skaters. It is important for skaters to be aware of their rights and raise concerns if they believe their instructor's negligence resulted in their fall and subsequent injuries.
