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Old 10-08-2008, 12:04 AM   #8
Shane Marcum
 
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Dojo: Aikido School of Lexington
Location: Georgetown, KY
Join Date: Sep 2008
Posts: 13
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Re: Teaching in the times of lawsuit.

Unfortunately, there will always be the possibility of being sued by some litigious individual looking for an easy dollar. However, I can't see the liability relating to inappropriate behavior or conduct being any greater than that relating to the possibility of someone getting injured. I know that everyone typically signs a waiver, but wait until someone challenges your waiver once with causes of action for negligence or fraudulent inducement.

Also, I learned early in my career that in litigation the best defense is always a good offense. Too many defense lawyers look for the easy way out when answering lawsuits and fail to assert potential counterclaims that can chill an over-zealous plaintiff in their tracks. Plaintiffs tend to look at things in a different light when they suddenly become a counter-defendant in a civil action. All too often plaintiffs feel like they have nothing to lose by filing suit, especially if their counsel is working on a contingency basis. By filing aggressive counter-claims, a would-be defendant (victim) of frivolous litigation can significantly change a plaintiff's care free point of view.

The moral of the story is......NEVER take a baseless lawsuit lying down! You'll be suppressed just how many can, and will, resolve themselves.
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