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.
Florida 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 Florida due to the inattentiveness of your skating instructor, it may be possible to file a complaint and seek legal action for negligence. Ice skating is a popular recreational activity, and safety should be prioritized by skating instructors to minimize the risk of accidents. However, if an instructor's lack of attention or focus leads to a fall and subsequent injuries, it is important to take the necessary steps to protect your rights and seek compensation for any damages suffered. Types of Florida Complaints due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor: 1. Personal Injury Complaints: In cases where a fall while ice skating caused injuries, such as broken bones, sprains, concussions, or other physical harm, a personal injury complaint can be pursued. This type of complaint seeks to hold the skating instructor accountable for their negligence, aiming to recover medical expenses, pain and suffering, lost wages, and other related damages. 2. Negligence Complaints: Negligence occurs when the skating instructor fails to exercise reasonable care, resulting in a fall and subsequent injuries. Filing a negligence complaint targets the instructor's lack of attention and focuses on their duty to provide a safe environment for skaters. By proving that the instructor breached this duty and directly caused the fall, compensation may be obtained for the injured party. 3. Professional Malpractice Complaints: In certain cases, if the skating instructor's inattentiveness can be attributed to their lack of proper training or qualifications, a professional malpractice complaint may be appropriate. This complaint focuses on the instructor's professional standards and whether their actions fell below the expected level of care and skill. A successful claim may result in compensation for damages, as well as potential disciplinary action against the instructor's professional license. 4. Breach of Contract Complaints: If you had a contractual agreement with the skating instructor or the facility where the skating lesson took place, and that agreement explicitly stated the instructor would provide a safe environment and proper guidance, you may have grounds for a breach of contract complaint. This type of complaint alleges that the instructor failed to fulfill their obligation under the contract, leading to the fall and subsequent injuries. Remember, each case may vary, and the specific details leading to the fall, injuries, and instructor's inattentiveness will determine the most appropriate type of complaint to pursue. It is crucial to consult with a qualified attorney specializing in personal injury law to evaluate your situation and guide you through the legal process. Time limits, known as statutes of limitations, may apply in Florida, so taking prompt action is crucial.
