training liability

[packard]

Hi,

Just giving some consideration to up dating some of my forms (the paper work type!) and wondered what wording, if any, you had for liability of injury during training.

We have insurance cover, but do you think there is a need for specific wording on student’s application/information forms regarding the likely hood of injury during training?

We are living in an ever more litigious age and any advice or examples would be appreciated.

Many thanks

P

[Three Harmonies]

Any lawyer can get around a signed sheet of paper like nothing. Just put in as much as you can to try and cover your ass, and teach classes with control, authority, and good judegment. Accidents happen, and most people are aware of that. *******s also happen, but you should be able to spot them a mile away and keep them out of your school.
Jake :cool:

[Shaolin]

Search http://www.legalzoom.com/ for any legal forms you need. True, courts can get around signed documents these days but as a school owner I recommend covering your tail as much as possible.

Peace and Love - Shaolin Kung Fu

[SanHeChuan]

Has anyone on here been faced litigation due to the martial arts?

[GunnedDownAtrocity]

i nearly good sued by this alzheimer woman for touching her inappropriately during grappling, but luckily she forgot. im pretty sure the price is right came on and i just kinda let myself our of her house.

[GeneChing]

A lawsuit from 2005 ttt's a thread from 2008

Man loses damages claim following martial arts injury in Letterkenny (http://www.highlandradio.com/2011/12/07/man-loses-damages-claim-following-martial-arts-injury-in-letterkenny/)
Posted: 7/Dec 12:11
Last Updated: 7/Dec 12:11

A former weightlifting champion who claimed he was unable to work because of injuries suffered during a jujitsu martial art session in Letterkenny has lost a High Court action for damages.

40 year Neil Bradley of Lammy Walk, Omagh, Co Tyrone, had sued Letterkenny Community Centre and Josie Murray, a jujitsu champion who provided classes there.

He told the court the injuries occurred on November 22nd, 2005.

Mr Bradley said that as he was involved in a move with an opponent, mats that had been locked together moved and his foot went between them.

He said as he tried to return his right leg to the ground, he suddenly felt something in his knee and fell down in “unbelievable” pain, he said. He went into hospital for surgery six days later but his leg was not right afterwards. He had to wear a foot splint, there was no upward movement and he had problems with ankle, knee and hip, with further surgery possible.

In his judgment, Mr Justice Iarfhlaith O’Neill said he was satisfied the mats used were the standard type and entirely suitable. He also noted that no mention was made of the mats by Mr Bradley in his initial claim in 2006.

He said Mr Bradley had sustained a most unfortunate and serious disability, but not due to any negligence or breach of duty on the part of the defendants.

Mr Justice O’Neill dismissed the claim, but granted a stay on the order in the event of an appeal

[David Jamieson]

when Irish eyes are whining...and suing.

[MasterKiller]

Release and Waiver of Liability and Indemnity Agreement

(Read Carefully Before Signing)

In consideration of being permitted to participate in any way in the Martial Arts Program indicated below and/or being permitted to enter for any purpose any restricted area (here in defined as any area where in admittance to the general public is prohibited), the parent(s) and/or legal guardian(s) of the minor participant named below agree:

1. The parent(s) and/or legal guardian(s) will instruct the minor participant that prior to participating in the below martial arts activity or event, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate. I understand and agree that, if at any time, I feel anything to be UNSAFE; I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.

2. I/We fully understand and acknowledge that:

a. There are risks and dangers associated with participation in martial arts events and activities which could result in bodily injury partial and/or total disability, paralysis and death.

b. The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.

c. These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees named below.

d. There may be other risks not known to us or are not reasonably foreseeable at this time.

3. I/WE accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees named below.

4. I/We HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the martial arts facility used by the participant, including it owners, managers, promoters, lessees of premises used to conduct the martial arts event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions or instructions to engage in risk evaluation or loss control activities regarding the martial arts facility or events held at such facility and each of them, their directors, officers, agents, employees, all for the purpose herein referred to as “Releasee”…From all liability to the undersigned, my/our personal representatives, assigns, executors, heirs and next to kin For any and all claims, demands, losses or damages and any claims or demands therefore on account of any injury, including but not limited to the death of the participant or damage to property, arising out of or relating to the events(s) caused alleged to be caused in whole or in part by the negligence of the releasee or otherwise.

5. I/We HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.

6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.

7. On behalf of the participant and individually, the undersigned partners(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite the release, the participant makes a claim against any of the Releasees, the parents(s) and/or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on his behalf , and hold them harmless.


I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WTHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

[Dale Dugas]

does not matter if you have a liability waiver.

You can still be sued, and brought to court where you have to pay to be defended.

If you do not have liability insurance, then you could lose everything you own to pay if found negligent.

It differs from state to state, so you really need to talk to a lawyer from that state about said advice.

[Syn7]

does not matter if you have a liability waiver.

You can still be sued, and brought to court where you have to pay to be defended.

If you do not have liability insurance, then you could lose everything you own to pay if found negligent.

It differs from state to state, so you really need to talk to a lawyer from that state about said advice.

yeah, im so glad we still have a few legal ethics where i live. americanization of both our economy as well as our legal system is changing that real fast though. like with the whole banking issue, yes we are more insulated and better protected, but that will soon be a thing of the past if current trends are any indicator.

[rett]

If you do not have liability insurance, then you could lose everything you own to pay if found negligent.

How does it work to incorporate small businesses in the US? There's no way I'd want to be in your guys's position without the school being a limited liability company. I don't want my house on the auction block if my business gets sued.

In Sweden you have to pump hold about 8500 USD worth of capital in the company to register as "AB" = same as Inc.

[jdhowland]

Brothers, I'm seeking advice about insurance companies that deal with the industry. This isn't just liability insurance for tournaments and such; I intend to buy a building which opens up strange new vistas of liability.

[Shaolin]

Are you looking for cheap insurance or good insurance? Are weapons going to be taught? Will there be sparring and to what level? ie. light contact (point), medium sparring (in class boxing/kickboxing), or heavy contact (smokers). Check zoning and any local requirements and/or restrictions.

Are you also going to own the land the building sets on? Is it in a plaza or park with other owners? If so, again, check with land/plaza/park owner/s for restrictions and/or requirements.

As far as insurance companies do your research. You can simply start with a Google search for martial arts school insurance (https://www.google.com/webhp?sourceid=chrome-instant&rlz=1C1CHFX_enUS453US453&ion=1&ie=UTF-8#safe=off&rlz=1C1CHFX_enUS453US453&sclient=psy-ab&q=martial%20arts%20school%20insurance&oq=&gs_l=&pbx=1&fp=8987383faabdf91&ion=1&bav=on.2,or.r_qf.&bvm=bv.48705608,d.cGE&biw=1366&bih=643). E-mail or call as many as possible. When you find a company of interest check with the Better Business Bureau for their rating and any complaints filed. Also, check with Ripoff Report to find any other potential dirt on the company.

Take your time and find a company and policy that suits your needs. Other school owners can tell you how great their insurance company is but you need to discover that for yourself.

[stoic]

Ask a lawyer who is licensed in your jurisdiction. I've litigated these issues for insurance companies in my State. The law varies from State to State. Don't ask the Internet. Navigating the minefields of the law and the liability for intentional acts and negligence is a "martial art" in itself that requires the consultation of a skilled Sifu-at-Law. :p

The best peace of mind, however, is a general liability insurance policy of sufficient liability limits, regardless of the pieces of paper that you might get your students to sign.

Honestly, in my experience, the more complete and thorough an assumption of the risk and waiver might be (many pages long), the less likely you'll actually get students to sign it--that's my experience. Courts also frown upon them and call many of them unenforceable "boilerplate" documents.

Having a written policy set forth in a student manual that is given to all students about the inherent risks that students undertake during the practice of martial arts is a great idea. The student manual should also set forth a common sense set of safety rules for student sparring that mandates full sparring/safety gear, and supervision. It should also describe the conduct expected for use of any martial arts skill learned that occurs outside of school; i.e., it should be used only for self-defense. All of these are elements used to limit exposure. :)

In the end, however, you'll still get sued, whether the law suit is meritorious or not. And, this is when having an insurance policy pays-off because the insurance company will assume the cost of your defense.

Good luck!

[lkfmdc]

A lawsuit from 2005 ttt's a thread from 2008

story is from Ireland, but I'd say in most US courts it would go exactly the same way. The real issue is negligence, not injury. As a lawyer once said "proving an injury is the easiest part" and he added "and the least useful"

[jdhowland]

Thanks for the feedback, folks.

Since I will own the building and the land it sits on I am limited in available policies. It was much easier when we leased a space for a yoga school and just taught the kung fu for free. Now the taxes, insurance and utilities will cost more than the income we had from the old yoga school.

'Tsokay. I'm not doing it for money.

[TenTigers]

My Sifu used to put it this way:
"If you get hurt and try to sue, we will come to your house and finish the job!"

no one ever sued.

[jdhowland]

My Sifu used to put it this way:
"If you get hurt and try to sue, we will come to your house and finish the job!"

no one ever sued.

Hah!


Don't suppose I could use that line. But I could think it. Seeking restitution from someone else because of something that happened to you is antithetical to martial arts.