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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.
- View Complaint by a Baseball Game Spectator Struck by Bat Thrown by Player
- View Complaint due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor
- View Complaint by Golfer against another Golfer who Struck him in the Eye with a Golf Ball Causing Injury to Eye
- View Complaint Against Owner of Golf Course by Patron of Driving Range Struck by Golf Club
- View Complaint against Nurse and Correctional Institute for Damages for Failure to Give Medication to an Inmate
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