“Plaintiff claims he was harmed while participating in [sport or other recreational activity] and that Defendant is responsible for that harm. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant either intentionally injured Plaintiff or acted so recklessly that her conduct was entirely outside the range of ordinary activity involved in the sport or activity; 2. That Plaintiff was harmed; and 3. That Defendant’s conduct was a substantial factor in causing Plaintiff’s harm.
Conduct is entirely outside the range of ordinary activity involved in if that conduct (1) increased the risks to Plaintiff over and above those inherent in the sport or activity, and (2) it can be prohibited without discouraging vigorous participation or
otherwise fundamentally changing the [sport/activity]. Defendant is not responsible for an injury resulting from conduct that was merely accidental, careless, or negligent.”
[CACI Jury Instructions [citations omitted]]
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