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.
West Virginia Complaint due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor: In West Virginia, ice skating is a popular winter activity that attracts people of all ages. While this thrilling sport can be enjoyable, it can also pose certain risks. Unfortunately, incidents of falls can occur, causing injuries and potential complaints, particularly if they are attributed to the inattentiveness of a skating instructor. This article aims to shed light on the potential types of West Virginia complaints that can arise from falls during ice skating due to the negligence or inattentiveness of skating instructors. 1. Personal Injury Complaints: These complaints primarily cover instances where a skater suffers physical harm as a direct result of a fall caused by the negligent behavior or lack of attention from their skating instructor. The injuries sustained can range from minor bruises and sprains to more severe conditions like fractures or head trauma. 2. Negligence Complaints: Skaters who feel that their instructors failed to exercise reasonable care and attention may file negligence complaints. These can include allegations that the instructor failed to provide proper guidance, failed to notice hazards on the ice, or engaged in activities that distracted them from overseeing their students adequately. 3. Supervision Complaints: Supervision complaints focus on cases where the skating instructor was unable to adequately monitor or supervise the students. This can encompass situations where the instructor was distracted, absent, or simply not paying attention, leading to a higher risk of falls and injuries among the skaters. 4. Training Complaints: Sometimes skaters may feel that their instructors did not provide adequate training, resulting in inexperienced or insufficiently prepared individuals being put at a higher risk of falling. These complaints can highlight issues related to insufficient training techniques, improper skills' development, or a lack of emphasis on safety measures during instruction. 5. Breach of Duty Complaints: A breach of duty complaint may arise when an instructor fails to fulfill their responsibilities towards their students. This can include failing to establish and enforce safety rules, neglecting to take appropriate actions to prevent falls, or disregarding established protocols that were put in place to ensure the well-being of the skaters. It is important to note that these types of West Virginia complaints can vary in severity and complexity. Skaters who have fallen and believe their instructor's inattentiveness played a role should consult with legal professionals to evaluate the circumstances and determine the most appropriate course of action.
