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. Participants in team sports, where physical contact among participants is inherent and virtually inevitable, assume greater risks of injury than nonparticipants or participants in noncontact sports.
A voluntary participant in a lawful game or contest assumes the risks ordinarily incident to the game or contest and thus is precluded from recovering from his or her opponent or other participant for injury or death resulting from the game or contest. Of course, if an intentional act that causes injury goes beyond what is ordinarily permissible in a lawful sport of the kind being participated in, recovery may be had, and a player will be held liable for injury if his or her conduct is such that it is either deliberate, willful, or reckless in his or her disregard for the safety of the other player so as to cause injury to that player.
Nebraska Complaint by Golfer against another Golfer who Struck him in the Eye with a Golf Ball Causing Injury to Eye If you have been involved in a golfing incident where another golfer struck you in the eye with a golf ball causing injury, you may have grounds to file a Nebraska complaint. When pursuing legal action, it is essential to understand the different types of complaints that can be filed. Here, we will discuss the possible types of Nebraska complaints that can be made by a golfer against another golfer for causing eye injury with a golf ball. 1. Personal Injury Complaint: A golfer who sustains an eye injury due to being struck by a golf ball can file a personal injury complaint against the responsible golfer. This type of complaint is used to seek damages for the physical harm caused, medical expenses, pain and suffering, and any other losses resulting from the incident. 2. Negligence Complaint: In cases where the golfer who struck the ball failed to exercise the necessary level of care and caution, a negligence complaint can be filed. This complaint alleges that the golfer's negligent actions directly led to the eye injury, and seeks compensation for the damages incurred. 3. Assumption of Risk Complaint: Golf is a sport that inherently carries some level of risk. However, a golfer who strikes another golfer in the eye may still be held liable if they acted recklessly or intentionally caused the injury. An assumption of risk complaint can be filed to argue that the injured golfer did not assume the risk of being struck in the eye by another golfer's shot. 4. Product Liability Complaint: In certain cases, the injury may be caused by a defective golf ball or golf club. If it can be proven that the golf ball or equipment had a manufacturing defect or design flaw, a product liability complaint can be filed against the manufacturer or seller for the damage caused to the eye. In any Nebraska complaint for an eye injury sustained from a golf ball, it is important to gather evidence such as witness testimonies, medical records, photographs, and video footage if available. Additionally, consulting with an experienced personal injury attorney in Nebraska will provide invaluable guidance throughout the legal process. Remember, filing a complaint against another golfer requires meeting specific legal criteria, as Nebraska may have its own laws and regulations concerning golfing accidents. Always consult with a legal professional to ensure your complaint is valid and stands the best chance of success.
