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Old 10-15-2002, 09:48 PM   #5
Dojo: Sand Drift Aikikai, Cocoa Florida
Location: Melbourne, Florida
Join Date: Jun 2000
Posts: 824
There is assumption of the risk of injury when we step into a dojo. Martial arts are a high contact activity and certain injuries do happen. Also, a part of martial arts is knowing that you might be sternly corrected at times. However, this is not an absolute waiver of right not to be harmed. For example, a karate person goes to a tournament and during a sparring match is swept to the floor but ends up breaking his arm. The karate person doesn't typically practices sweeps, but the technique used and the resultant harm is the kind expected in a sparring tournament. But if that same sweep was done with ill-intent or malice, specifically done to make that person fall and break their arm, then that would be wrong. A fine line, I know. But a big difference between winning a losing a civil claim against you.

So you walk into a dojo and participate in the class. You know that certain kinds of harm might happen to you. You also know that you might be corrected, even sternly at times. But at what point does this stop being a risk assumed? I say when the actor, the person doing the slapping, acts with ill-intent or malice to inflict a specific type of harm.

My legal mind a work...

Anne Marie Giri
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