Instructors and school owners beware...
Australia -- A former taekwondo club owner has failed to avoid paying half of $730,850 damages awarded to a former student who was hit by a car while training, according to news.com.au.
The accident occurred October 30, 1989. The student, eight years old at the time, participated in a class at a TKD club in Townsville. The childrens class was on a training run to a park in the suburb of Belgian Gardens.
The case has been watched closely by sports clubs and lawyers throughout Australia because of its ramifications in deciding duty of care, especially in junior sport and by motorists around children.
In 2007, Supreme Court found the victim, contributed to the accident by running on to the road. However, the court also found that even though the driver did not break any traffic rule he should have understood children's propensity to "move suddenly out on the road".
The instructor in charge should also have taken better care of the children in the group close to a busy roadway, the court ruled.
The owner-operator of the club was ruled to be responsible overall for the conduct of the classes and that he failed to ensure reasonable care was taken.
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