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: Hawaii Complaint Due to Fall While Ice Skating as a Result of Inattentiveness of Skating Instructor Introduction: Ice skating is a popular recreational activity enjoyed by people of all ages in Hawaii. However, instances of falls due to the inattentiveness of skating instructors are becoming a cause for concern. This article delves into the types of complaints that can arise from such situations and sheds light on the importance of instructor attentiveness to ensure a safe ice skating experience. 1. Description of the incident: Imagine a scenario where an individual plans to have a fun-filled ice skating session in Hawaii. Excitedly, they arrive at the skating rink and engage the services of a professional instructor. However, due to the instructor's inattentiveness and lack of focus, the skater falls and sustains an injury. This incident sets the stage for a Hawaii complaint due to a fall resulting from the neglectful behavior of the skating instructor. 2. Types of Hawaii Complaints: a. Negligent Supervision Complaint: This category accounts for incidents where the instructor fails to provide adequate supervision, focusing on a particular group of skaters while neglecting others. Skaters who fall or get injured due to this lack of attention can file a complaint against the skating instructor for negligent supervision. b. Failure to Provide Proper Instruction Complaint: Skating instructors have a responsibility to ensure that participants receive clear and comprehensive instructions on how to ice skate safely. When an instructor fails to provide proper guidance, neglects to teach basic techniques, or doesn't warn about potential hazards, skaters who suffer falls due to a lack of knowledge may file a complaint for failure to provide proper instruction. c. Inattentiveness and Lack of Assistance Complaint: This type of complaint arises when the skating instructor is observed as inattentive, distracted, or disinterested in assisting skaters. Instances where instructors are found chatting with colleagues, using personal electronic devices, or not actively observing the skaters can be reported under this category. Importance of Skating Instructor Attentiveness: Skating instructors play a vital role in ensuring the safety of ice skaters. Their attentiveness, focus on safety protocols, and ability to address individual skaters' needs are essential in avoiding accidents and falls. Inattentive instructors not only increase the risk of injuries but also undermine the confidence of skaters and deter them from further pursuing the activity. Conclusion: When skaters pay for professional instruction, they rightfully expect a safe and enjoyable experience. However, when falls occur due to the inattentiveness of skating instructors in Hawaii, it is crucial to address such complaints. By evaluating the different types of complaints arising from instances of falls as a result of instructor negligence, we can emphasize the importance of attentive and responsible behavior in ice skating instruction to promote safety and enjoyment for all participants.
