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.
Nebraska Complaint due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor: In Nebraska, ice skating is a popular activity for both locals and tourists. However, accidents can occur if skating instructors fail to provide proper attention and guidance. One type of complaint that arises is when individuals sustain injuries due to falls while ice skating as a result of the instructor's inattentiveness. This kind of incident can lead to various types of complaints, including: 1. Personal Injury Complaint: When someone suffers physical harm such as sprains, fractures, or even head injuries due to the careless behavior of the skating instructor, they may file a personal injury complaint. The complaint will allege that the instructor's lack of attentiveness directly caused their fall and subsequent injuries. 2. Negligence Complaint: In Nebraska, a negligence complaint may be filed against the skating instructor if they fail to provide adequate attention and supervision during the ice skating session. The complainant may argue that the instructor's inattentiveness constitutes a breach of duty, resulting in their fall and injuries. 3. Breach of Contract Complaint: If the ice skater engaged the services of the instructor through a formal contract, they may file a breach of contract complaint. This complaint would assert that the instructor failed to fulfill their obligations outlined in the contract, such as providing attentive and safe instructional services, leading to the skater's fall and subsequent injuries. 4. Education and Training Standards Complaint: Nebraska Skating Association or other relevant institutions may receive complaints regarding the inadequate education and training of skating instructors. Individuals who fell on the ice due to their instructor's lack of skills or knowledge can address this concern through such a complaint. They may claim that the instructor's incomplete training directly contributed to their fall. In any of these types of complaints, individuals will likely seek compensation for medical expenses, pain and suffering, lost wages, and other damages resulting from their fall while ice skating. Authorities may investigate the incident, interview witnesses, and assess any potential negligence or breach of duty on the part of the skating instructor. It is essential for skaters and their attorneys to gather evidence such as medical reports, witness statements, and any available documentation to support their complaints and ensure a fair resolution.Nebraska Complaint due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor: In Nebraska, ice skating is a popular activity for both locals and tourists. However, accidents can occur if skating instructors fail to provide proper attention and guidance. One type of complaint that arises is when individuals sustain injuries due to falls while ice skating as a result of the instructor's inattentiveness. This kind of incident can lead to various types of complaints, including: 1. Personal Injury Complaint: When someone suffers physical harm such as sprains, fractures, or even head injuries due to the careless behavior of the skating instructor, they may file a personal injury complaint. The complaint will allege that the instructor's lack of attentiveness directly caused their fall and subsequent injuries. 2. Negligence Complaint: In Nebraska, a negligence complaint may be filed against the skating instructor if they fail to provide adequate attention and supervision during the ice skating session. The complainant may argue that the instructor's inattentiveness constitutes a breach of duty, resulting in their fall and injuries. 3. Breach of Contract Complaint: If the ice skater engaged the services of the instructor through a formal contract, they may file a breach of contract complaint. This complaint would assert that the instructor failed to fulfill their obligations outlined in the contract, such as providing attentive and safe instructional services, leading to the skater's fall and subsequent injuries. 4. Education and Training Standards Complaint: Nebraska Skating Association or other relevant institutions may receive complaints regarding the inadequate education and training of skating instructors. Individuals who fell on the ice due to their instructor's lack of skills or knowledge can address this concern through such a complaint. They may claim that the instructor's incomplete training directly contributed to their fall. In any of these types of complaints, individuals will likely seek compensation for medical expenses, pain and suffering, lost wages, and other damages resulting from their fall while ice skating. Authorities may investigate the incident, interview witnesses, and assess any potential negligence or breach of duty on the part of the skating instructor. It is essential for skaters and their attorneys to gather evidence such as medical reports, witness statements, and any available documentation to support their complaints and ensure a fair resolution.