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.
Maine Complaint Against Tow Boat Operator for Injury to Water Skier for Starting Boat without Warning Description: A Maine complaint against a tow boat operator for injury to a water skier due to starting the boat without warning refers to a legal action filed in the state of Maine concerning an incident where a water skier sustained injuries as a direct result of the tow boat operator's failure to provide appropriate warning before initiating the boat's engine. Keywords: 1. Maine's complaint: The complaint is specific to the state of Maine, indicating that the incident and subsequent legal action took place within the jurisdiction of Maine's laws and regulations. 2. Tow boat operator: The complaint targets the individual operating the tow boat, emphasizing their role and responsibility in ensuring the safety and well-being of the water skier. 3. Injury to water skier: The complaint revolves around the water skier's harm and resulting damages, highlighting the physical and potentially emotional consequences they suffered due to the incident. 4. Starting boat without warning: The crux of the complaint is the tow boat operator's failure to provide adequate warning before starting the boat's engine, demonstrating negligence or a disregard for the water skier's safety. Types of Maine Complaint Against Tow Boat Operator for Injury to Water Skier for Starting Boat without Warning: Though the specific complaint is focused on a tow boat operator's failure to warn a water skier before starting the boat, there can be variations in the circumstances or severity of the incident, leading to different types of complaints. Some possible types can include: 1. Grievous bodily harm complaint: This complaint is applicable if the water skier sustained severe injuries, such as broken bones, traumatic brain injury, or spinal cord damage, directly resulting from the tow boat operator's actions. 2. Negligence complaint: This type of complaint alleges that the tow boat operator acted negligently by not following proper safety protocols, breaching their duty of care towards the water skier, and subsequently causing injury. 3. Lack of training or certification complaint: If the tow boat operator did not possess the necessary training, certification, or qualifications required to safely operate the tow boat, this complaint would focus on their inadequate preparation, potentially resulting in harm to the water skier. 4. Emotional distress complaint: In cases where the water skier experiences significant emotional distress due to the incident, this complaint concentrates on the psychological impact suffered as a direct result of the tow boat operator starting the boat without warning. Note: The specific types of complaints may vary depending on the circumstances of the incident and the injuries sustained by the water skier.
