Posted On:12/27/2003 11:34pm
A few years back, My instructor got sued by a student who was at his own home sparring another student, and got a couple of his ribs broken after he got kicked. His argument was that my instructor taught the other student how he could kick very hard. Therefore it was his fault that he got his ribs broken. Ofcourse the lawsuit fell through, but my instructor still had to hire an attorney over it., and he didn't come cheap.
Posted On:12/28/2003 12:55am
so, are you an instructor? in the event you are not, IF you were, would you carry liability insurance? what's the verdict, counsel?
I am not an instructor, but here is what I would do if I was one. I would sit down and figure out all the different possible ways, intentional, or unintentional a person might get injured in my class and then look to see if the existing policies on the market would protect me under such a range of activity. If they want to exclude gross negligence or reckless behavior that's predictable but they should cover any level of contact you are making.
If I was not able to get a good policy but only a shitty policy, I would not buy one. This is for two reasons. The first is that insurance policies do, to a certain extent , increase the number of lawsuits. The PI lawyer knows that there is settlement money there in the auto insurance so they will file knowing that they are assured of a return. You're students know that you have coverage because you presumably have not been keeping it a deep dark secret. In the worst of both possible worlds you get sued and the company finds a loophole in the contract and you have to find your own lawyer to sue the Insurance company to force them to do their job.
In Connecticut where juries are cheap, I'd want a policy that covered a broad range of activity and I ould probably keep it to just several hundred thousand dollars to not encourage lawsuits but I would not insist that I'm right on the last point.
Grandmaster Sensei of Village Idiocy
Style: Kyokushin and Judo.
I undestand that even in Sydney we have become much like our new father country (the USA). Litigation is rife and people do it whenever and wherever they can.
Yet I find that good indtructoers are practical ones who recognise safety as a major concern and who conduct their classes in a safe fashion.Yet all the safety in the world cannot guard against accidents. When you take up a martial art your learning how to fight, its not paddy-cake. Should an injury happen out of accident or due to harsh training,its all part of the learning curve.
Hannibal: The sworn enemy of dishonest politicians, source of entertainment on Bullshido and newly appointed Office Linebacker. Terry Tait ain't got **** on me !!!!
Posted On:12/28/2003 6:04pm
Style: Liu Seong Gung Fu
Thank you very much.
I was pretty in the dark about insurance, and since i am opening a school soon, I need to clarify this issue.
Posted On:12/28/2003 7:15pm
You also might want to e-mail Mr. Mantis and ask him these questions, I am being careful since I do not often play in this area. Oops, I admitted that I didn't know something, they will be coming for my licience now :)
Posted On:12/28/2003 11:06pm
As I said, I don't carry inbsurance and have been teaching since 1978. yes, there have been injurys during practice and not a single one of my students has ever said a word about suing me, or even asking me to pay anything towards their medical costs.
Maybe I'm just lucky..maybe it's because I make it VERY clear to students and/or parents of students that karate is a contact activity, and the potenbtial for injury is here and I will not be held responbsible for any that occurs.
Maybe it's because I try very hard to run a safe class as much as training allows, and I make no efforts to exclude certain techniques or exercises from the curiculum, but I do make sure I am aware of any physical shortcomings of my students, such as bad knees or backs.
My father always told me I was a fool for taking karate, and more of a fool to teach it because of the issue we're talking about. Maybe he was right, but I doubt it, because karate has done me so much good, and because of it, I have made so many good friends.
Perhaps one day I will be sued and will put my martial arts career to the test. God knows that if somebody did sue me, they sure aren't going to get a heck of a lot! lol
Shogun of Long Island
Posted On:12/28/2003 11:57pm
that's another reason why this country needs tort reform.
Posted On:12/29/2003 7:50pm
"I make it VERY clear to students and/or parents of students that karate is a contact activity, and the potenbtial for injury is here and I will not be held responbsible for any that occurs."
I hope you do not really believe that.
Posted On:12/30/2003 8:20am
What's to believe? Two lawyers have to me "expressed liability", meaning explain it to them straight out with no assumptions, is what I need to do.
Posted On:12/30/2003 4:24pm
YOU will be held responsible, you should have insurance. If they get nothing out of you, YOU still have to pay a lawyer to defend YOU. Your insurance company will fight for YOU.
Do what you want, but if YOU believe for one New York second that someone WILL NOT sue you simply because you think you covered yourself by saying "I will not be responsible", then I have a VERY BIG bridge to sell you thats worth millions but , I will sell it to YOU for $1.
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