“Plaintiff claims he was harmed while [participating in/watching] [sport or other recreational activity, e.g., snowboarding] at Defendant’s [facility or event where Plaintiff was injured, e.g., ski resort]. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant was the [owner/operator/sponsor/other] of [e.g., a ski resort]; 2. That Defendant unreasonably increased the risks to Plaintiff over and above those inherent in [e.g., snowboarding] or that Defendant unreasonably failed to minimize a risk that is not inherent in [e.g., snowboarding] and unreasonably exposed Plaintiff to an increased risk of harm; 3. That Plaintiff was harmed; and 4. That Defendant’s conduct was a substantial factor in causing Plaintiff’s harm.”
[CACI Jury Instructions [citations omitted]]
