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BackFistMonkey
8/10/2017 11:06pm,
It's called the assumption of the risk doctrine, and while fairly predictable, I'm sure at least several states have limited it extent. And no, I will not be doing free research on this topic.

Giving him the title gets him(/her?) closer to the knowledge than I managed to do. So yeah, you are still an invaluable treasure and resource to have around. Even if you don't mean to be.

HAHAHAHAHAHAHa

Myn
8/10/2017 11:13pm,
It's called the assumption of the risk doctrine, and while fairly predictable, I'm sure at least several states have limited it extent. And no, I will not be doing free research on this topic.

Your input is always appreciated - you're a wealth of information on this forum, and I for one am really glad that you're still here :D

V/R

Myn

AcerTempest
8/11/2017 9:12am,
So, I will, since I am not currently a practicing attorney, provide SOME free advice, not legal though, just from experience and research with the law.

The assumption of risk doctrine applies fairly commonly to most martial arts and contact sports across the board, and in 2013 the California Supreme Court even extended it further to include certain other activities. HOWEVER, there is a GIANT caveat that you need to be aware of with regards to assumption of risk: It ONLY applies to those risks that a reasonable practitioner of that activity could and should foresee happening within the scope of the activity.
So for example, in Judo, leglocks are illegal in competition and generally forbidden in randori, so damage to someone's leg from a too fast heel-hook because people were playing around that day, would not be covered under assumption of risk. The liability waivers most insurance companies have MA schools issue are an attempt to expand that assumption of risk to cover ANY POSSIBLE foreseeable injury. Sometimes it works, sometimes it doesn't. That's why you have insurance.

Former insurance company employee and long time martial artist here, that's my 2 cents on it. Take it for whatever it's worth.

BKR
8/11/2017 4:54pm,
and **** ... I can't remember the term but it applies to sky diving, scuba and other extreme sports/hobbies too. It assumes the person being instructed understands that the activity is risky and could result in harm or death.

Those sorts of waivers usually have wording on them to the effect you just described. I know the ones I sign(ed) for Judo do.

The other thing about waiver, and this is from the perspective of running tournaments (Judo).

The waiver protects, to some degree, for example, the tournament director, referees, etc, that are members of the sanctioning organization, plus other's named on the sanction application (insurance).

But it only protects them if an accident was due to something other than negligence.

For example, if I'm the referee, and there is a big gap in the tatami, and I don't stop the match to fix it (or notice it before the match starts), then that waiver won't be worth a damn...

Because negligence on my part.

If two guys are in a match, and one gets injured due to the normal application of Judo, then no negligence involved.

No sort of waiver will stop you from getting sued, and all the funtastic stuff that goes along with that.

3moose1
8/11/2017 5:23pm,
This is totes something you want to ask an attorney, licensed in your state, about, and not the internet.

Pship Destroyer
8/12/2017 10:07pm,
This is totes something you want to ask an attorney, licensed in your state, about, and not the internet.

I like to sometimes pretend Bullshido.net isn't just "the internet".

I can think of fewer sites with both a better knowledge base on fighting AND consequences than this one.

One thing about BS is true: they do their best to get fights recorded, which in some peoples' opinions is the best possible outcome of any such conflict.

It's good science to observe and report.

WFMurphyPhD
8/13/2017 6:07pm,
Don't screw about, as many state courts will not enforce waivers of liability even with well written exculpatory clauses.
If all you are talking about is a challenge match, call the promoter of any major sports MMA or submission grappling event,
and offer to underwrite a superfight, get the event competition insurance, get health insurance, sign well written waivers drafted by an attorney licensed to practice in that State, and make sure the event has emergency medical services standing by.
Or, you can always go to my friend Keith's basement...he doesn't care.
There are also several domiciles in the Caribbean that are entirely friendly to certain kinds of sports tourism.