Missouri Complaint Against Tow Boat Operator for Injury to Water Skier for Starting Boat without Warning

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US-03198BG
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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.

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FAQ

First, stop the boat. A quick and methodical headcount can help determine if everyone is accounted for. Knowing what to do in a boating accident can be hard to predict, so ensure you have a well-stocked first aid kit onboard and provide immediate attention to injuries. If necessary, call 911 for medical attention.

The First Thing to Do Following a Boating Accident First and foremost, the boat operator should ensure the safety of all passengers and other involved parties. If it's safe, stop the vessel immediately. Assess the physical condition of everyone and any potential victims from other involved boats.

An operator involved in a boating accident must report the accident to the local police as soon as possible if the accident caused: Death of any person or? Injury to a person that requires hospitalization or? Property damage exceeding $5,000.

The vessel operator is responsible for acting in a prudent and reasonable manner consistent with the ordinary practices of boating. Stay active. Stay alert. Respect the weather, the water, your passengers, fellow boaters, divers, swimmers, and property owners.

Have a second person on board to act as an observer. Review hand signals with the skier to ensure proper communication. Make sure the skier is wearing a PFD that is approved by the U.S. Coast Guard (USCG) and designed for water-skiing. Keep in mind that ski belts are not USCG?approved.

Every operator must keep a proper lookout, using both sight and hearing, at all times. Watch and listen for other vessels, radio communications, navigational hazards, and others involved in water activities. Maintain a safe speed.

Stop the Vessel Immediately The first thing you must do is to check if any of the passengers are injured. Ensure the other vessels' operators don't flee at the scene. Then, determine if anyone onboard needs assistance or medical attention.

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Missouri Complaint Against Tow Boat Operator for Injury to Water Skier for Starting Boat without Warning