In a jury trial jury instructions are given to the jury at the end of the case. These instructions are prepared by the attorneys of both parties and presented to the judge for approval. The instructions tell the jurors what the law is and how to apply the law to the facts that have been proven.
Hawaii Instruction to Jury - Essential Factual Elements Necessary to Hold an Instructor, Trainer, or Coach Liable for an Injury to a Participant in a Sports Activity
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Most sports injuries result from: Doing too much too quickly. Overestimating your fitness and ability. Lack of preparation/poor technique. Pushing your body too hard (over-training). Poor equipment, and accidents.
An example of an express assumption of the risk is a waiver that a person signs before they use a gym. The waiver usually says that the user acknowledges that using gym equipment is a dangerous activity. When the person signs it, they agree that they're assuming the chance that they can get hurt at the gym.
In short, a defendant may claim as a defense that the plaintiff knew that an activity or event being offered by the defendant was risky, that these risks were common knowledge, and that the defendant chose to assume the liability for these risks by entering.
In California, when you play sports, you assume the risk of harm. This means that if you are injured in the normal course of the activity, you cannot sue the person, company, or player responsible. Assumption of risk is a defense to negligence in athletic activity.
Judge's Instructions on the Law This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict. You must consider all of the instructions and give them equal consideration.
Based on the risk classification of sports by the American Academies of Ophthalmology and Pediatrics [1], sports can be divided into four kinds: high risk, moderate risk, low risk and eye-safe.