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Old 12-17-2007, 05:58 AM   #26
philipsmith
Dojo: Ren Shin Kan
Location: Birmingham
Join Date: Jun 2003
Posts: 343
United Kingdom
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Re: Martial Arts instructor has to pay student 155,000

Just came accross this thread.

Couple of examples from the UK
a Judo instructor was successfully sued many years ago for allowing a student to practice a technique which was considered too advanced for his level of experience (and grade) which resulted in injury as it was ruled that the instructor had failed in his duty of care.
Conversely I have direct personal experience of two cases where claims for quite serious injuries incurred during Aikido training have been dismissed because the training partners were of a similar standard and were being supervised appropriately.
In fact in one case the judge summed up by stating that practitioners must accept a level of risk whilst training, and that accidents were inevitable.

I guess the message is if you supervise/teach correctly you shouldn't have a problem.
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Old 12-29-2007, 04:52 PM   #27
Cypher
Dojo: Yoseikan Dojo, Dunn, NC
Location: Dunn, NC
Join Date: Dec 2007
Posts: 12
United_States
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Re: Martial Arts instructor has to pay student 155,000

Quote:
Joseph Madden wrote: View Post
For injuries received. Now, the martial art involved really isn't important.
My question to you is; Should any instructor ever be liable for an injury that occurs in the dojo? Apparently the injured party signed a waiver which the judge said was inadmissable. Also, the injured party stated he never involved himself in any competition for fear of injury, and merely wanted to enjoy the physical and spiritual aspects of the martial art. We've all been injured in some form or other. What are your feelings regarding this incident. Be aware that the injury occurred in Canada.
First off, who would enter a dojo and never have the thought of "Hey, I might get my neck broken" cross their mind?, Which mean that you thought about it and you knew the risk. Also if you sign a waiver, that means you are liable for any injuries to your-self I broke my arm and dislocated my shoulder without signing any waiver, my sensei and I had a verbal agreement that if I began taking Aikido that i was going to get hurt.......

Tony,
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Old 12-31-2007, 07:28 AM   #28
Taliesin
Join Date: Nov 2003
Posts: 82
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Re: Martial Arts instructor has to pay student 155,000

Tony - may I suggest you read some of the posts above becasue the question is not simply about risk and acceptance or not - it is about the level of risk, and to what extent there should be liability for the instructor.

BTW - you cannopt truly accept a risk you do not understand.
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Old 12-31-2007, 09:51 AM   #29
crbateman
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Re: Martial Arts instructor has to pay student 155,000

It's also about law, about interpretation of law, and about what can happen when the letter of a law obscures the spirit of a law.
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Old 12-31-2007, 11:22 PM   #30
Cypher
Dojo: Yoseikan Dojo, Dunn, NC
Location: Dunn, NC
Join Date: Dec 2007
Posts: 12
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Re: Martial Arts instructor has to pay student 155,000

I am just replying to Joseph's post, no one else. But I am sorry if I interupted anyone else's discussion.

Tony,
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