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.
Colorado Complaint due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor: If you have experienced an unfortunate incident while ice skating in Colorado and believe it was caused by the inattentiveness of your skating instructor, you may have grounds for a complaint. Ice skating is a popular recreational activity in Colorado, attracting locals and tourists alike. However, accidents can happen, and it is essential to promote safety and hold those responsible accountable. Types of Colorado Complaint due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor: 1. Personal Injury Complaint: If you sustained any physical injuries during your ice skating session due to the inattentiveness of your skating instructor, such as fractures, sprains, or head injuries, you may file a personal injury complaint. Your complaint will outline the circumstances of your fall, highlighting the negligence of the instructor and the resulting harm you suffered. 2. Negligence Complaint: Negligence complaints focus on the failure of the skating instructor to exercise reasonable care in preventing accidents. This type of complaint necessitates establishing that the instructor owed you a duty of care, breached that duty through inattentiveness, and caused your fall as a direct result. 3. Breach of Contract Complaint: If you participated in an organized ice skating lesson or program and signed a contract, a breach of contract complaint may be applicable. This complaint would be based on the failure of the skating instructor to fulfill their obligations outlined in the contract, such as providing safe instruction, ensuring a hazard-free environment, or adequately supervising participants. 4. Emotional Distress Complaint: In some cases, a fall while ice skating due to the inattentiveness of a skating instructor can lead to emotional distress. This type of complaint focuses on the psychological impact you experienced as a result of the incident, such as anxiety, fear, or post-traumatic stress disorder. To have a valid emotional distress claim, you must demonstrate that the instructor's negligence caused significant and foreseeable harm to your mental well-being. 5. Wrongful Death Complaint (in severe cases): In tragic instances where a fall due to the inattentiveness of a skating instructor results in the death of an individual, surviving family members may pursue a wrongful death complaint. This type of complaint seeks compensation for the loss of their loved one, funeral expenses, and the emotional and financial impact caused by the untimely passing. Regardless of the specific type of complaint filed, it is crucial to gather evidence, such as witness statements, medical records, photographs, and any available documentation, to support your claim. Consulting with an experienced personal injury attorney specializing in premises liability or negligence cases in Colorado will help ensure your rights are protected and guide you through the legal process to seek justice and compensation for your injuries and losses.
