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.
A person who operates a place of public amusement or entertainment must exercise reasonable care with regard to the construction, maintenance, and management of his buildings or structures and his premises, having regard to the character of entertainment given and the customary conduct of persons attending such entertainment. The operator must employ sufficient personnel to maintain the premises in a reasonably safe condition. He or she must use ordinary care to maintain the floors and aisles along which patrons are expected to pass in a reasonably safe condition for their use; and this principle has been applied in cases where personal injury resulted from a slippery floor, aisle, ramp or walkway, defective carpet, or the presence of an object the floor or in the aisle.
In a Maryland Complaint Against Owner of Golf Course by Patron of Driving Range Struck by Golf Club, the plaintiff alleges negligence on the part of the golf course owner resulting in injuries caused by a golf club striking them while utilizing the driving range facilities. This complaint seeks compensation for damages incurred and holds the owner responsible for ensuring the safety of patrons on the premises. Maryland Laws Regarding Owner Liability: Under Maryland law, premises owners are obligated to maintain a safe environment for individuals legally present on their property. They have a duty to exercise reasonable care in preventing foreseeable accidents or injuries. In this specific case, the golf course owner is expected to take appropriate precautions, implement safety measures, and regularly inspect the premises to minimize potential hazards. Types of Maryland Complaint Against Owner of Golf Course by Patron of Driving Range Struck by Golf Club: 1. Negligence: This type of complaint alleges that the golf course owner failed to exercise reasonable care in maintaining a safe environment, resulting in the patron getting struck by a golf club. It may argue that the owner should have taken actions such as ensuring sufficient distance between driving range users, providing protective barriers, or enforcing safety rules to prevent such incidents. 2. Premises Liability: In a premises' liability complaint, the plaintiff argues that the golf course owner had a duty of care towards patrons and breached that duty by failing to address known or foreseeable dangers adequately. This complaint may emphasize the owner's responsibility to maintain a safe environment throughout the premises and argue liability for failing to address any previously reported or known risks. 3. Lack of Warning: A complaint citing lack of warning alleges that the golf course owner failed to adequately notify patrons of potential dangers or risks associated with using the driving range. The plaintiff may argue that the owner's failure to warn or provide clear instructions contributed to the accident and subsequent injuries. 4. Gross Negligence: A complaint alleging gross negligence asserts that the golf course owner demonstrated a reckless disregard for the safety of patrons. The plaintiff may argue that the owner's actions or lack thereof went beyond ordinary negligence and exhibited a conscious indifference to the risks associated with the driving range activities. In any Maryland Complaint Against Owner of Golf Course by Patron of Driving Range Struck by Golf Club, it is crucial to present evidence of the incident, including medical records, witness statements, photographs, and any previously reported safety concerns. Consulting with legal experts is advisable to ensure the complaint is appropriately filed and supported with relevant facts and applicable laws to increase the chances of a successful resolution.
