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: "Guam Complaint due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor" Description: In this detailed description, we will explore an unfortunate incident that took place in Guam, where a customer filed a complaint due to a fall while ice skating attributed to the inattentiveness of their skating instructor. The incident highlights the importance of proper supervision and instructions during ice skating activities. Keywords: Guam, complaint, fall, ice skating, skating instructor, inattentiveness Introduction: In Guam, a customer recently experienced a distressing fall while ice skating as a result of an inattentive skating instructor. This incident has raised concerns about the safety and supervision provided by skating instructors during recreational activities. Incident: During a routine ice skating session at a popular ice rink in Guam, the complainant suffered an unexpected fall. The fall resulted in various injuries, including bruises, cuts, and a sprained wrist. The incident occurred due to the inattentiveness of the skating instructor, who failed to provide proper guidance and supervision during the session. Effects of Inattentiveness: The failure of the skating instructor to be fully attentive had severe consequences for the customer. Inattentiveness may lead to improper guidance, lack of supervision, and delayed response in case of emergencies, all of which can increase the risk of accidents and injuries. This incident highlights the importance of skaters receiving undivided attention from instructors to ensure their safety and well-being. Negligence of the Skating Instructor: The complaint filed focuses on the negligence of the skating instructor, who failed to assist or respond promptly to the customer's fall. Allegations include the instructor's lack of attention to the customer's technique, insufficient warnings about slippery areas, and their failure to provide adequate assistance when the fall occurred. Such negligence raises concerns about the professionalism and expertise of the instructor at the ice rink. Types of Guam Complaints due to Fall while Ice Skating as a Result of Inattentiveness: 1. Lack of Instructional Guidance: In this type of complaint, customers might complain about the skating instructor's failure to provide clear instructions regarding proper skating techniques, increasing the risk of falls and injuries. 2. Insufficient Supervision: Complaints of this nature focus on the inadequate supervision by skating instructors, resulting in hazardous situations and lack of immediate assistance in case of accidents. 3. Failure to Address Hazards: Some complaints may revolve around the failure of skating instructors to identify and address potential hazards on the ice rink, such as slippery patches or improperly maintained areas. Conclusion: This Guam complaint due to a fall while ice skating exemplifies the importance of attentive and professional skating instructors. Skaters rely on their instructors to receive proper guidance, supervision, and immediate help when needed. It is crucial for skating facilities to prioritize the safety of their customers by training their instructors adequately and enforcing strict safety protocols to prevent similar incidents from occurring again.
