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. Participants in team sports, where physical contact among participants is inherent and virtually inevitable, assume greater risks of injury than nonparticipants or participants in noncontact sports.
A voluntary participant in a lawful game or contest assumes the risks ordinarily incident to the game or contest and thus is precluded from recovering from his or her opponent or other participant for injury or death resulting from the game or contest. Of course, if an intentional act that causes injury goes beyond what is ordinarily permissible in a lawful sport of the kind being participated in, recovery may be had, and a player will be held liable for injury if his or her conduct is such that it is either deliberate, willful, or reckless in his or her disregard for the safety of the other player so as to cause injury to that player.
Connecticut Complaint by Golfer against another Golfer who Struck him in the Eye with a Golf Ball Causing Injury to Eye: In Connecticut, a complaint can be filed by a golfer who has sustained an eye injury due to another golfer striking them with a golf ball. This unfortunate incident can lead to severe physical and emotional distress, prompting the injured party to seek legal action against the responsible golfer. The complaint typically includes detailed information regarding the incident, such as the date, time, and location of the incident, as well as the names and contact information of the parties involved. The injured golfer should also include a thorough description of the circumstances of the incident, including any witnesses present. Furthermore, it is essential to outline the extent and nature of the eye injury sustained. This might involve obtaining medical reports, including diagnosis, treatment received, and prognosis, to strengthen the case. The injured golfer's complaint should emphasize the seriousness of the eye injury, highlighting any long-term implications and impact on the quality of life. Additionally, it is crucial to establish negligence on the part of the golfer who struck the injured party. Negligence can be demonstrated by showing that the responsible golfer acted recklessly or failed to exercise reasonable care to prevent such an accident. Factors such as failing to properly yell "fore" or failing to keep a safe distance from other golfers could contribute to negligence claims. Connecticut recognizes various types of complaints that can be filed in such cases, including: 1. Personal Injury Complaint: This type of complaint focuses on seeking compensation for the physical and emotional damages suffered due to the eye injury caused by the errant golf ball. The injured golfer may be eligible for medical expense reimbursement, pain and suffering compensation, and potential future medical costs related to the eye injury. 2. Negligence Complaint: This complaint alleges negligence on the part of the responsible golfer. It aims to demonstrate that the golfer failed to fulfill their duty of care, leading to the eye injury. Negligence claims require showing how the golfer's actions deviated from the expected conduct of a reasonable golfer, resulting in the injury and damages. 3. Product Liability Complaint: In some cases, the injured golfer may discover that the eye injury was a result of a defective golf ball or faulty equipment. In such instances, a product liability complaint can be filed against the manufacturer or seller of the defective product, seeking compensation for the injury caused. It is advisable for the injured golfer to consult with an experienced attorney who specializes in personal injury law to help them navigate the legal complexities of filing a complaint in Connecticut. The attorney will guide the injured party through the legal process, gathering evidence, assessing damages, and striving to secure fair compensation for the injury sustained.
