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.
New Hampshire 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 New Hampshire and believe it was due to the inattentiveness of your skating instructor, you may have grounds for a complaint. Ice skating is a popular recreational activity in New Hampshire, with numerous skating schools and instructors available. However, when instructors fail to provide proper guidance and attention, accidents can happen, resulting in serious injuries. Types of New Hampshire Complaint due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor: 1. Negligent Instruction Complaint: This type of complaint involves instances where the skating instructor did not provide adequate instruction or failed to warn about potential hazards. Examples may include the instructor neglecting to teach proper balance techniques or not alerting skaters to dangerous areas of the ice rink. 2. Lack of Supervision Complaint: This type of complaint arises when the skating instructor fails to adequately supervise the skaters or provide sufficient individual attention. It may involve situations where the instructor is distracted, not paying attention to the class, or fails to monitor skaters' progress, resulting in accidents. 3. Failure to Address Safety Concerns Complaint: This type of complaint occurs when the skating instructor ignores or dismisses safety concerns raised by skaters, leading to accidents. For instance, if a skater points out a hazardous condition on the ice, and the instructor ignores it, a fall resulting from that condition may justify a complaint. 4. Inadequate Emergency Response Complaint: This type of complaint pertains to situations where the skating instructor fails to take appropriate action in response to an accident or injury. It may involve a lack of knowledge in basic first aid, failure to call for medical assistance promptly, or not ensuring a safe environment during an emergency situation. 5. Breach of Duty of Care Complaint: This type of complaint revolves around an instructor's failure to fulfill their duty of care towards their students. It can encompass various aspects, such as not maintaining proper supervision, not providing necessary safety equipment or guidance, or not being vigilant to prevent accidents. If you have experienced any of these situations while ice skating in New Hampshire and believe it was solely due to the inattentiveness of your skating instructor, consider submitting a complaint to the appropriate authorities or the skating school. Seek legal advice to understand your rights and explore the potential for compensation for your injuries and damages.
