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 Against Tow Boat Operator for Injury to Water Skier for Starting Boat without Warning Introduction: In New Mexico, when a tow boat operator negligently starts the boat without providing a warning to the water skier, it can lead to severe injuries. This complaint seeks to address the legal action taken against the tow boat operator responsible for the injuries sustained by the water skier. This detailed description will explore the aspects of the complaint, including key legal considerations, potential damages, and possible types of complaints that may arise from such incidents. Key Keywords: New Mexico, complaint, tow boat operator, injury, water skier, starting boat, warning. 1. Allegations against the Tow Boat Operator: The complaint alleges that the tow boat operator failed to exercise reasonable care and caution by starting the boat without providing a proper warning to the water skier. This act of negligence directly caused or contributed to the injuries sustained by the water skier. 2. Duty of Care and Negligence: The complaint argues that the tow boat operator owed a duty of care to the water skier. By starting the boat abruptly and without warning, the operator breached this duty and acted negligently. Negligence is a key element in proving fault in such cases. 3. Types of Complaints against Tow Boat Operators: a. Negligence: The primary complaint against the tow boat operator is based on the legal theory of negligence, where the skier asserts that the operator's actions were careless and caused the injuries. b. Strict Liability: In certain cases, the complaint may also include a claim of strict liability. This claim arises when the tow boat operator engages in inherently dangerous activities, and the injured party does not need to prove negligence. However, strict liability applies only in specific circumstances, such as when the operation of the boat violates regulations or industry standards. c. Breach of Contract: If the tow boat operator and the water skier had a contractual agreement, such as a rental agreement, and the operator violated any terms of the contract, a breach of contract claim may also be included in the complaint. 4. Damages: The complaint seeks compensation for various damages resulting from the injury to the water skier. Potential damages may include: — Medical expenses and treatment cost— - Pain and suffering endured by the water skier — Lost wages due to inability to work during recovery — Rehabilitation and physical therapy expenses — Emotional distress and psychological trauma — Loss of enjoyment of life Conclusion: The New Mexico complaint against a tow boat operator for starting the boat without warning seeks to obtain legal relief for the injuries sustained by the water skier. By addressing the negligence of the operator and claiming damages, the complaint aims to provide recourse and compensation for the harmed party.
