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

[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
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

[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. 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.

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!