Legal Ramifications of Fighting (AndrewS)

[kj]

AndrewS., I like your style. ;) I am also taking your cue in abandoning the other thread.

Can you lend any further insight on the legal issues you alluded to (e.g., the Dog Bros)? It's an area of interest to me. I'm not looking for legal advice, just insights.

Regards & Thanks,
- Mrs. Connors

[reneritchie]

Mrs. Connors is correct. I'd be interested in hearing any "off the record" comments from Barrister Niehoff as well.

RR

[AndrewS]

Hey Kathy,

what Marc Denny (? I'm spacey on names sometimes) generously took the time to talk with me about involved the specifics of setting up the 'Gathering' in Cali, which has some implications for challenges and school management. Basically, there are precedents in California law which favor a presupposition of assumed risk. Do something dangerous, get hurt, it's your own d*mn fault. There has been at least one case in California in which a court threw out a lawsuit by an injured martial arts student against a school owner.

To run the 'Gathering' he requires preregistration with one waiver (so foreknowlege of events becomes a factor in the event of a visit to court), has, I believe, another signed at the event, and videotapes consent being given. He also tapes injuries and equipment damage as it happens, something which I'm sure could prove useful.

FWIW,

Andrew

[t_niehoff]

I also spoke with Marc Denny (about a year ago) about his experiences and advice (not necessarily legal) for my own involvement in challenge matches. He's not a practicing attorney (unlike me) -- which he repeatedly emphasized to me (probably to avoid me later suing him if his advice didn't turn out to be completely accurate ;) -- but helped me a great deal nonetheless. Every state (in the US) has boxing matches, kickboxing matches, etc. so clearly liability can be waived. My own viewpoint (AND DON'T TAKE THIS AS LEGAL ADVICE) is that anyone engaging in a challenge fight has to know that they are assuming the risk of injury (just like you do when you *watch* a hockey or baseball game) so I don't think a waiver is necessary, but in this society a signed and witnessed waiver is a good idea. Also, if you plan to hold a organized event, I'd think about incorporating (to further avoid any personal liability issues). And it won't hurt to repeatedly tell people -- on a videotape of the event -- that they are assuming the risk of injury and that they are waiving their right to sue anyone for personal injury for any reason. Although that's not entirely true, it will probably cover most of the bases. FWIW, I always insist that anyone that stops by to visit me (challenge fight or not) sign a waiver before we do anything else.

Terence

[kj]

Thanks guys, good stuff.

More often than not I feel I am the only cautious one, and not cautious enough at that. Glad to see I'm in good company on some of this.

Regards,
- Kathy Jo

[rubthebuddha]

kj,

if you don't mind my asking, cautious of what?

[kj]

Hi Rub.


Originally posted by rubthebuddha
kj,

if you don't mind my asking, cautious of what?

Litigiousness.

Regards,
- Kathy Jo