New York Complaint Against Tow Boat Operator for Injury to Water Skier for Starting Boat without Warning

• Category: Civil Actions - Complaints - Personal Injury
• State: Multi-State
• Control #: US-03198BG
• Format: Word; Rich Text

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.