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  1. Outis is offline

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    Posted On:
    9/24/2011 9:27pm


     

    --
    Hell yeah! Hell no!

    Waiver for BJJ Gauntlet?

    Over on the JudoInfo forum, someone posted this clip of a rather benign and innocuous BJJ gauntlet



    after which some attorney posted that any of the students who ran the gauntlet could sue for "the intentional tort of battery."

    So should BJJ schools, forseeing the possibility of such frivolous suits, have students sign a gauntlet waiver or put something about running the gauntlet in their general waiver?
  2. The Juggernoob is offline

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    Posted On:
    9/24/2011 9:58pm


     Style: 'Grapplin'

    --
    Hell yeah! Hell no!
    Quote Originally Posted by Outis View Post
    Over on the JudoInfo forum, someone posted this clip of a rather benign and innocuous BJJ gauntlet



    after which some attorney posted that any of the students who ran the gauntlet could sue for "the intentional tort of battery."

    So should BJJ schools, forseeing the possibility of such frivolous suits, have students sign a gauntlet waiver or put something about running the gauntlet in their general waiver?
    Why dont they just call it ***** insurance. Insurance designed to cover pussies who'd sue over this.

    I will admit, I dont quite get the point of this. Are all BJJ schools run like frat houses?
  3. CoffeeFan is offline
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    Posted On:
    9/24/2011 10:13pm

    supporting member
     Style: SAMBO/BJJ/Judo and others

    --
    Hell yeah! Hell no!
    Anyone who would sue over that is a ***** and probably wouldn't get promoted to blue belt.
  4. crappler is offline
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    Posted On:
    9/24/2011 10:16pm


     Style: Judo

    --
    Hell yeah! Hell no!
    If you find out the name of that scumbag I will challenge him to a Gong Sau in a cage with full suits and ties.

    With my luck he would be a BJJ Black belt.
    "We often joke -- and we really wish it were a joke -- that you will only encounter two basic problems with your 'self-defense' training.
    1) That it doesn't work
    2) That it does work"
    -Animal MacYoung
  5. Omega Supreme is offline

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    Posted On:
    9/24/2011 11:04pm

    staff
     Style: Chinese Boxing

    --
    Hell yeah! Hell no!
    Quote Originally Posted by CoffeeFan View Post
    Anyone who would sue over that is a ***** and probably wouldn't get promoted to blue belt.
    Eyemann?
  6. Gezere is offline
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    My guns bigger than Scrapper's!

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    Posted On:
    9/25/2011 1:15am

    supporting member
     Style: Kakutogi

    --
    Hell yeah! Hell no!
    Quote Originally Posted by The Juggernoob View Post
    Why dont they just call it ***** insurance. Insurance designed to cover pussies who'd sue over this.

    I will admit, I dont quite get the point of this. Are all BJJ schools run like frat houses?
    In several judo dojos I attended the person who got promoted went through a throwing gauntlèt.
    Personally I like the "tradition" as long as it doesn't get out of hand.
    ______
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    -Gene, GODHAND

    You can't practice Judo just to win a Judo Match! You practice so that no matter what happens, you can win using Judo!
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  7. jspeedy is online now
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    Posted On:
    9/25/2011 2:01am


     Style: FMA

    --
    Hell yeah! Hell no!
    Seriously whats the BFD? The only person that appeared even mildly affected by this "gauntlet" was the bigger guy who went shirtless. The smaller chicks with rashguards didn't seemed phsed in the slightest.
  8. crappler is offline
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    Posted On:
    9/25/2011 12:01pm


     Style: Judo

    --
    Hell yeah! Hell no!
    "We often joke -- and we really wish it were a joke -- that you will only encounter two basic problems with your 'self-defense' training.
    1) That it doesn't work
    2) That it does work"
    -Animal MacYoung
  9. crappler is offline
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    Posted On:
    9/25/2011 12:13pm


     Style: Judo

    --
    Hell yeah! Hell no!
    Incidentally, the law on "waivers" in California and generally in other states is that a cause of action for negligence may be defeated if a plaintiff has "assumed the risk" of a inherently risky activity. The seminal case being "Knight v. Jewett" where if I recall the case a woman takes part in a touch football case and gets her finger broken and eventually amputated.

    Believe it or not, the law tends to side against plaintiffs who engage in activities that carry some risk and then become injured.

    A waiver signed before such an activity will hold up in court only against a defendant who has committed an ordinary act of negligence. For example, a climbing instructor who lets go of the rope on which his student is attached at the same time the student falls and gets hurt is committing GROSS negligence not ordinary and the waiver will not matter.

    A "BJJ gauntlet" could possibly be the subject of a lawsuit if, for example, some moron smacked one of the partakers in the face and their eye was injured.

    So you see, the question is one of foreseeability. Would a partaker in the gauntlet expect to be hit in the face? Perhaps, perhaps not, blah blah blah question for the jury or judge as trier of fact.

    Folks you can file lawsuits, but they just ain't that easy to win.
    "We often joke -- and we really wish it were a joke -- that you will only encounter two basic problems with your 'self-defense' training.
    1) That it doesn't work
    2) That it does work"
    -Animal MacYoung
  10. crappler is offline
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    Posted On:
    9/25/2011 12:18pm


     Style: Judo

    --
    Hell yeah! Hell no!
    So the bottom line is there are a lot of shitty, stupid lawyers filing ridiculous lawsuits and arguing ridiculous points, and many of them went to great schools and have been practicing for fifty years.

    The reality is that usually only other lawyers know whether someone is a bag of **** when it come to being a good lawyer, and honestly good lawyers are squeezed out of the profession all the time.
    "We often joke -- and we really wish it were a joke -- that you will only encounter two basic problems with your 'self-defense' training.
    1) That it doesn't work
    2) That it does work"
    -Animal MacYoung
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