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.
Title: Michigan Complaint due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor Description: If you have experienced a fall while ice skating in Michigan, resulting from the inattentiveness or negligence of your skating instructor, it is essential to understand your rights and the options available to you. This detailed description will provide information on how to navigate a complaint process effectively. Key Points: 1. Understanding Negligence: Discuss the concept of negligence in relation to a skating instructor's duty of care towards their students. Highlight how an instructor's inattentiveness can lead to injuries and falls on the ice. 2. Identifying Michigan Complaint Types: a) Personal Injury Complaints: These are complaints filed by individuals who have suffered injuries due to the negligence of a skating instructor. It could include broken bones, sprains, concussions, or other injuries resulting from falls caused by the instructor's lack of attention. b) Emotional Distress Complaints: Some individuals may experience emotional distress or mental anguish following a fall on the ice, which can lead to a separate type of complaint. This could include psychological trauma, anxiety, or post-traumatic stress disorder (PTSD) caused by the incident. c) Loss of Income Complaints: In cases where the fall and resulting injuries prevent an individual from working or participating in their regular activities, a complaint can be filed to seek compensation for lost wages and diminished earning capacity. d) Medical Expenses Complaints: Medical treatment and follow-up care can be costly. Individuals can file a complaint seeking compensation for medical expenses related to their fall, including hospital bills, medication costs, physical therapy fees, and any other necessary medical procedures. e) Pain and Suffering Complaints: Falling while ice skating can lead to physical pain, mental suffering, and a diminished quality of life. A complaint in this category aims to secure compensation for the pain, suffering, and loss of enjoyment experienced due to the instructor's negligence. 3. Gathering Evidence: Explain the importance of gathering evidence to support your complaint. This can include eyewitness testimonies, photographs or videos of the incident, medical records, and any communication or documentation regarding the negligence of the skating instructor. 4. Seeking Legal Assistance: Suggest contacting a personal injury lawyer experienced in handling ice skating-related cases to guide you through the Michigan complaints process. Mention the importance of finding a lawyer who specifically specializes in personal injury law and has dealt with cases involving negligent skating instructors. Conclusion: When filing a Michigan complaint due to a fall while ice skating caused by the inattentiveness of a skating instructor, understanding the different types of complaints and enlisting the help of a qualified attorney are crucial steps towards seeking compensation for the damages incurred. By gathering pertinent evidence and considering the relevant keywords highlighted throughout this description, individuals can work towards resolving their complaint effectively.
