Saturday, October 24, 2009

Injuries, Waivers and Negligence

If you operate a martial arts school or club, and thinks a waiver will automatically protect you against a potential lawsuit if a student is injured, think again.

In B.C., Canada, a case is going to court November 23. It involves a student who was injured during in class when he was 16. Three years later, he reportedly continues to suffer from a permanent disability.

The owner of the martial arts school had sought to have the case thrown out because of a waiver that the student's mother signed when her son enrolled at the center.

However, according to a B.C. Supreme Court Justice ruling, the martial arts school was negligent by "failing to take preventative measures to ensure that injuries did not occur in the course of sparring matches by taking such measures as screening participants, instructing participants, requiring suitable protective gear or carefully supervising matches," according to bclocalnews.com

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