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: Maryland Complaint due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor Description: If you've experienced a fall while ice skating in Maryland due to the inattentiveness of your skating instructor, you may have grounds for a complaint. This detailed description explores the various aspects of such complaints, including types and legal considerations. Read on to better understand your rights and potential recourse in this situation. Keywords: Maryland complaint, ice skating, fall, inattentiveness, skating instructor, legal considerations. 1. Types of Maryland Complaints due to Fall while Ice Skating: — Negligence Complaints: If your skating instructor fails to fulfill their duty to provide reasonable care or supervision, resulting in your fall, you may file a negligence complaint against them. — Personal Injury Complaints: Falls during ice skating can lead to various injuries such as fractures, sprains, or concussions. In case of severe injuries caused by the skating instructor's inattentiveness, a personal injury complaint may be applicable. — Breach of Contract Complaints: If you enrolled in a skating lesson program with a contractual agreement guaranteeing proper supervision, and the instructor's inattentiveness leads to the fall, you may file a breach of contract complaint against them. 2. Legal Considerations: — Establishing Liability: To proceed with a Maryland complaint, you must demonstrate that the skating instructor owed you a duty of care and breached that duty by being inattentive. Additionally, you must prove that their inattentiveness directly caused your fall and resulting injury. — Comparative Negligence: If your own inattentiveness, lack of skill, or failure to follow instructions contributed to the fall, Maryland follows the rule of contributory negligence. In such cases, it's crucial to consult a legal professional to assess how it could impact your case. — Statute of Limitations: Maryland imposes a statute of limitations on personal injury cases, typically three years from the date of the incident. It is vital to take prompt action in filing a complaint to ensure compliance with the legal timeline. In conclusion, experiencing a fall while ice skating due to the inattentiveness of a skating instructor can be distressing. By understanding different types of Maryland complaints and essential legal considerations, you can better navigate the process of seeking compensation for any injuries sustained. However, it is strongly advised to consult with a qualified attorney specialized in personal injury to evaluate the strength of your case and guide you through the legal proceedings.
