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: Illinois Complaint due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor Introduction: Ice skating is a popular winter sport in Illinois, providing entertainment and fun for people of all ages. However, accidents can happen, especially when skaters are under the guidance of an inattentive skating instructor. This detailed description aims to shed light on the types of complaints that may arise from falls while ice skating in Illinois, specifically attributing them to the negligence of a skating instructor. By examining different scenarios, we can understand the potential risks involved and the importance of attentive instructors who prioritize safety. Types of Illinois Complaints due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor: 1. Personal Injury Complaints: People who have sustained injuries, such as broken bones, sprains, or concussions, due to the negligence of a skating instructor may file personal injury complaints. These legal actions seek compensation for medical expenses, pain and suffering, and any resulting disabilities or emotional distress caused by the accident. 2. Negligence Claims: Skaters who experience a fall while under the direct supervision of a skating instructor may file negligence claims against the instructor or the facility where the incident occurred. These claims argue that the instructor failed to fulfill their duty of care by not adequately observing and assisting skaters, resulting in avoidable accidents. 3. Lack of Supervision Complaints: Parents or legal guardians of minors who have fallen while ice skating may raise this type of complaint. They argue that the instructor failed to provide adequate supervision, leaving their child susceptible to injuries. These complaints may focus on the instructor's failure to implement safety measures or properly monitor skating sessions. 4. Breach of Contract Claims: If there was a contractual agreement between the skater or their legal representative and the skating facility, a breach of contract claim can be pursued. Skaters affected by the negligence of their skating instructors may argue that the instructor's inattentiveness violated the terms of the agreement, potentially making the skating facility liable for any resulting damages. 5. Emotional Distress Lawsuits: In some cases, falls while ice skating as a result of an inattentive skating instructor may cause emotional distress to the affected individual. Victims can file emotional distress lawsuits, emphasizing the psychological trauma experienced as a direct consequence of the incident. These lawsuits seek compensation for the mental anguish and related damages experienced due to the inattentiveness of the skating instructor. Conclusion: Ice skating should be an enjoyable and safe activity for everyone. When people experience falls due to the inattentiveness of skating instructors in Illinois, various types of complaints can arise. Personal injury claims, negligence complaints, lack of supervision concerns, breach of contract claims, and emotional distress lawsuits are always in which individuals can seek compensation for injuries and damages. By recognizing the importance of attentive and responsible skating instructors, we can work towards creating a safer ice skating experience for all in Illinois.
