CACI No. 472

Nonliability—Facilities Owners and Operators and Event

Sponsors

[Name of plaintiff] claims [he/she/ nonbinary pronoun] was harmed while

[participating in/watching] [sport or other recreational activity, e.g.,

snowboarding] at [name of defendant]’s [specify facility or event where

plaintiff was injured, e.g., ski resort]. To establish this claim, [name of

plaintiff] must prove all of the following:

1. That [name of defendant] was the [owner/operator/sponsor/ other]

of [e.g., a ski resort];

2. [That [name of defendant] unreasonably increased the risks to

[name of plaintiff] over and above those inherent in [e.g.,

snowboarding];]

2. [or]

2. [That [name of defendant] unreasonably failed to minimize a risk

that is not inherent in [e.g., snowboarding] and unreasonably

exposed [name of plaintiff] to an increased risk of harm;]

3. That [name of plaintiff] was harmed; and

4. That [name of defendant]’s conduct was a substantial factor in

causing [name of plaintiff]’s harm.

A risk is inherent in a [sport/activity] if eliminating the risk would

discourage vigorous participation or otherwise fundamentally change the

[sport/activity].

A [owner/operator/sponsor/other] of [e.g., a ski resort] has a duty to use

reasonable care not to increase the risks of [e.g., snowboarding] over and

above those inherent in the [sport/activity], and a duty to use reasonable

care to minimize a risk that is not inherent in [e.g., snowboarding] to the

extent possible without changing the nature of the [sport/activity].

New December 2013; Revised and Renumbered from CACI No. 410 May 2017;

Revised May 2019, December 2025