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: District of Columbia Complaint Due to Fall While Ice Skating as a Result of Inattentiveness of Skating Instructor Description: If you have experienced a fall while ice skating in the District of Columbia due to the inattentiveness of your skating instructor, you may be entitled to file a complaint. Being injured while participating in a recreational activity under professional supervision can be incredibly frustrating and could potentially result in significant physical and financial consequences. Key Points: 1. Understanding the situation: This complaint specifically focuses on cases where individuals have fallen while ice skating due to the lack of attention or negligence displayed by their instructor. 2. Important keywords to include: District of Columbia, complaint, fall, ice skating, inattentiveness, skating instructor, injury, negligence, supervision. 3. The impact of falls: Falling while ice skating can lead to sprains, fractures, dislocations, concussions, or other serious injuries that may require medical attention and affect your daily life. 4. Legal recourse: If your instructor failed to provide proper guidance, demonstrate safety techniques, or promptly respond to your needs, you may have grounds for a complaint to seek compensation for medical costs, pain and suffering, and other related damages. 5. Gathering evidence: It is crucial to collect evidence such as witness statements, photographs of the incident location, and medical records to support your complaint. 6. Identifying responsible parties: In some cases, besides the skating instructor, the ice rink facility or organization may also be held liable for hiring and training an inadequate instructor. 7. Other types of complaints related to falls: While this description primarily focuses on falls during ice skating, similar complaints may arise from falls during other activities such as roller skating, skiing, or snowboarding due to the negligence or inattentiveness of a professional instructor. 8. Seeking legal assistance: To understand the legal aspects of your situation and navigate the complaint process effectively, it is crucial to consult with an experienced personal injury attorney who specializes in recreational accidents and negligence cases. Remember, each case is unique and requires individual evaluation by a legal professional to determine the likelihood of success in filing a complaint or pursuing legal action against those responsible for your injuries.
