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.
Title: North Carolina Complaint Against Owner of Golf Course by Patron of Driving Range Struck by Golf Club: Seeking Justice and Accountability Keywords: North Carolina, complaint, owner of golf course, patron, driving range, struck by golf club, legal action, compensation, negligence, lawsuit, safety regulations, duty of care Introduction: In this North Carolina Complaint Against Owner of Golf Course, a concerned patron of a driving range seeks justice and accountability after being struck by a golf club. The incident raises concerns regarding the owner's compliance with safety regulations and their duty of care towards visitors. This detailed description highlights various types of complaints that can arise in such cases, shedding light on the importance of personal safety and the legal recourse available for affected individuals. 1. Negligence in Safety Measures: This type of complaint asserts that the owner failed to implement adequate safety measures within the driving range, such as protective netting or appropriate signage. The lack of these precautions directly contributed to the patron being struck by a stray golf club, resulting in injuries and potential damage. 2. Violation of Duty of Care: This complaint focuses on the owner's obligation to ensure the safety and well-being of their patrons. By allowing circumstances wherein an individual can be injured as a result of negligent club swinging or inadequate distance separation, the owner breached their duty of care towards the patrons. 3. Failure to Provide Proper Instruction: This complaint argues that the owner failed to provide sufficient instructions or warnings to patrons regarding the potential risks involved in participating in activities within the driving range. It contends that without proper guidance, patrons were left unaware of the risks associated with swinging golf clubs in proximity to others, increasing the likelihood of accidents occurring. 4. Adherence to Safety Regulations: This type of complaint questions whether the owner complied with applicable safety regulations set forth by North Carolina law or local governing bodies. It examines whether the owner adequately fulfilled their obligations, as outlined in safety guidelines, to prevent accidents and protect the patrons within their golf course facilities. Conclusion: Filing a complaint against the owner of a golf course in North Carolina following an incident where a patron is struck by a golf club can arise from various factors, including negligence in safety measures, violations of duty of care, failure to provide proper instruction, or non-adherence to safety regulations. These complaints seek to hold the owner accountable for their actions or lack thereof, and to secure compensation for the injured party. It is crucial for affected individuals to seek legal advice and explore their options for pursuing justice in such cases, ultimately aiming to prevent future accidents and ensure the safety of all golf course patrons.
