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: New Mexico Complaint due to Fall while Ice Skating as a Result of Inattentiveness of Skating Instructor Introduction: Ice skating is a thrilling activity enjoyed by many, often seeking the guidance of professional instructors to enhance their skills. However, unfortunate incidents can occur when the skating instructor fails to prioritize necessary attention to their students. This detailed description sheds light on New Mexico's complaint due to falls while ice skating caused by the inattentiveness of skating instructors, highlighting various types of such complaints. 1. New Mexico Complaints regarding Negligent Supervision: One common type of complaint in New Mexico involves allegations of negligent supervision by the skating instructor. Skaters argue that instructors failed to closely monitor their progress, leading to falls that could have been prevented. Such lapses in attention may result in serious injuries and the potential for legal action. 2. Complaints about Lack of Proper Instruction: New Mexico also witnesses complaints filed against skating instructors regarding inadequate instruction. Skaters may argue that instructors did not provide sufficient guidance or failed to communicate potential risks associated with certain techniques. The absence of proper training can lead to accidents and injuries. 3. Complaints of Unaddressed Safety Hazards: Skaters may complain that instructors overlooked or failed to address safety hazards on the ice rink. These hazards could include unmarked patches of ice, faulty equipment, or obstacles in the skating area. Instructors bear the responsibility to ensure a safe environment for their students, and negligence in this regard may be grounds for complaints. 4. Complaints related to Distractions and Inattentiveness: Skaters filing complaints against their instructors often claim that distractions or inattentiveness hindered their progress and contributed to accidents. Inattentive instructors may be preoccupied with personal phone usage, conversations, or other external factors. Such distractions can prevent timely intervention and cause students to sustain severe injuries. 5. Complaints related to Unqualified Instructors: Occasionally, complaints arise when individuals realize that their skating instructors lack the necessary qualifications and certifications. Inexperienced instructors may lack the skills to address emergencies, increasing the likelihood of accidents. Skaters who sustain injuries due to the incompetence of an unqualified instructor may choose to file a complaint. Conclusion: New Mexico witnesses a range of complaints due to falls while ice skating as a result of inattentiveness in skating instructors. These complaints encompass instances of negligent supervision, lack of proper instruction, unaddressed safety hazards, distractions, and the employment of unqualified instructors. It is crucial for skating instructors to prioritize their students' safety and provide attentive guidance to avoid such incidents and maintain a safe ice skating environment in New Mexico.
