New Mexico Complaint due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor

State:
Multi-State
Control #:
US-03197BG
Format:
Word; 
Rich Text
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Description

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

If you do have a fall that leaves you in pain, stop skating and use the old school RICE method: Rest. Rest the area of your body that is injured. Stop skating and don't do any other strenuous activities until you feel better.

Skaters engage several muscle groups, including the legs, core, arms, and back, to perform intricate footwork, spins, and jumps. However, like any sport, figure skating poses a risk of injury. Skaters are susceptible to falls, fractures, sprains, and strains that can sideline them from the ice for weeks or months.

The injury incidence rate during competitive skating was recorded as 1.4 injuries per 1000 h of training, 56% of these being acute and 44% chronic injuries. Of those injuries registered, 83% were recalled by the skaters when a retrospective questionnaire was given to them at the end of the observation period.

The most common acute injuries among figure skaters are concussions, fractures, ankle sprains and pulled hamstrings. Cuts also occur. Ankle sprains often occur outside of training, because skaters often have weak ankles as a result of «living» in their skates.

Falling will happen many times as a beginner on the ice. Professional and competitive skaters fall a lot, but they seldom get hurt. ?Bad falls? are the ones that can cause an ice skater immense pain and sometimes even destroy careers; these are usually unforeseen.

Figure skaters suffer both overuse and traumatic injuries. About half of all injuries are caused by overuse and are preventable. Singles skaters have a higher incidence of overuse injuries, while pair skaters and ice dancers are more prone to traumatic injuries.

Most Common Traumatic Ice Skating Injuries Ankle fractures and sprains. Head injury and concussion. Labral tears of the hip. Lacerations. Dislocation of the shoulder or patella. ACL and meniscal tears.

About 1 in every 700 ice skaters will experience an injury,1 and the average age of those injured is 33 years old.

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New Mexico Complaint due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor