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: Massachusetts Complaint Against Owner of Golf Course by Patron of Driving Range Struck by Golf Club Introduction: In this detailed description, we will examine the various types of complaints that can arise in Massachusetts against the owner of a golf course when a patron of the driving range is struck by a golf club. We will explore the legal aspects, potential liability, and key considerations related to such incidents. It is important to note that while each case may have unique circumstances, we will provide an overview of common complaints that may arise in these situations. 1. Negligence: One type of complaint may center around the owner's alleged negligence in providing a safe environment for patrons to use the driving range. This could involve failure to properly maintain facilities, inadequate safety measures, or lack of proper signage warning of potential dangers. 2. Premises Liability: Another potential complaint could be based on premises liability. This legal theory holds the owner responsible for injuries that occur on their property due to hazardous conditions, such as poorly maintained driving range equipment or an unsafe layout that increases the risk of being struck by golf clubs. 3. Product Liability: If the incident involves a defective golf club or equipment, the patron may file a product liability complaint against the owner or the manufacturer. This complaint might allege that the owner failed to properly inspect and maintain the equipment or that the manufacturer produced a faulty product. 4. Personal Injury: A complaint based on personal injury would focus on the physical and emotional harm suffered by the patron. This could include medical expenses, pain and suffering, loss of income, and potential long-term effects resulting from being struck by the golf club. 5. Assumption of Risk: In some cases, the owner may argue that the patron assumed the risk of being struck by a golf club when using the driving range. However, this defense may not absolve the owner of their duty to provide a reasonably safe environment or address the patron's complaint if negligence can be proven. Conclusion: When a patron of a golf course's driving range is struck by a golf club, there are different types of complaints that can be lodged against the owner. These may include allegations of negligence, premises liability, product liability, personal injury, or a defense based on assumption of risk. It is crucial for both parties involved to seek legal advice and navigate the complexities of Massachusetts law to ensure a fair resolution in such complaints.
