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: Understanding the New Mexico Complaint Against the Owner of a Golf Course by a Patron of the Driving Range Struck by a Golf Club Keywords: New Mexico, Complaint, Owner of Golf Course, Patron, Driving Range, Struck, Golf Club Introduction: A detailed description of a New Mexico complaint against the owner of a golf course by a patron of the driving range who was struck by a golf club sheds light on the legal implications and potential types of grievances that may arise from such incidents. This article will delve into the key aspects of the case, including the plaintiff's claims and the legal steps involved. 1. Personal Injury Complaint: One possible type of complaint that can be filed in New Mexico is a personal injury complaint. In this scenario, the patron injured by a golf club on the driving range would seek compensation for medical expenses, pain and suffering, and any other damages incurred due to the incident. 2. Negligence: Another type of complaint may involve allegations of negligence against the owner of the golf course. The plaintiff would argue that the owner failed to provide a safe environment or proper supervision, resulting in the golf club accident. Negligence claims can address issues like lack of safety precautions, insufficient signage, or poor maintenance of the driving range equipment. 3. Premises Liability: A premises' liability complaint may also be raised against the owner. This claim argues that the owner failed to maintain the golf course in a reasonably safe condition, leading to the accident. This type of complaint can encompass issues like inadequate barriers, faulty equipment, or hazards not promptly addressed. 4. Assault and Battery: In extreme cases where the striking of the patron was intentional or malicious, the complaint may involve allegations of assault and battery. This claim would argue that the owner of the golf course deliberately caused harm to the patron with the golf club, resulting in both physical and emotional damages. 5. Damages and Compensation: A crucial aspect of the complaint is the determination of damages and the requested compensation. The plaintiff may seek reimbursement for medical bills, rehabilitation costs, lost wages, pain and suffering, emotional distress, and any other associated damages resulting from the incident. Conclusion: When a patron is struck by a golf club on a golf course's driving range, it can lead to a New Mexico complaint against the owner of the facility. The nature of the complaints may vary, ranging from personal injury claims and negligence allegations to premises liability and even assault and battery. Seeking proper legal representation allows the injured party to navigate the legal process and strive for fair compensation for the damages sustained.
