Legal issues from injuries during sparring?

[Paul Hughes]

Guys, I have a question on the legal side of things regarding where schools in general stand on injuries sustained in sparring.

Let me first be clear, this story is about me BUT I am definitely not looking for advice so I can take legal action against my school. It was partly my fault and I chose to spar, I wasn't forced.

When I started training here, I was never made to sign a waver, I did the techniques then just watched the first few classes I attended spar, before my instructor allowed me to get involved after I had a few classes under my belt. As far as I know, no-one else at our school has ever signed a waver.

A few weeks ago I got caught in a kimura in transition, and defended by grabbing my collar. The guy I was rolling with is a blue belt 4 stripes (I am a white belt 2 stripes) and outweighs me by 30-40 lbs. He was in side control, and stepped over my head. The kimura was in tight and he really exploded hard, broke my grip and I instantly felt the pain from the shoulder lock. I tapped instantly both physically and verbally, which my instructor heard and naturally had a stern talk with the higher level guy.

I was pretty pissed off because the guys where I train are really nice and usually rolling we go very hard but also "keep it playful", but I partly have myself to blame for not realising how deep the kimura was in.

Anyway, after icing for a few days, and a week off, I'm back training hard, I'm fine, no harm done. I love my school and have massive respect for my instructor, but I worry that by not making people sign wavers, sooner or later something similar is going to happen to a new student and they will take legal action.

Does anyone know if my school could legally be held responsible for this? I want to know so I can suggest getting this put in place in future.

Thanks.

[Ben Vazquez]

Well people are getting into a marital art that is known for choking and breaking bones.....So I'm sure on rare occasions they could be liable but waiver or not I'd imagine it would be hard to get far in court when the judge says you know this is Jiu-Jitsu class right? Then they say yes.... Case dismissed rub some dirt on it.

[robster]

Wavers should of been signed when you started, did you not sign anything when you joined like membership? Anyone who sues a school when they get hurt is bad news, who would join a fight club then complain when they fight! If you play with fire your going to get burned!

[Paul Hughes]

Wavers should of been signed when you started, did you not sign anything when you joined like membership? Anyone who sues a school when they get hurt is bad news, who would join a fight club then complain when they fight! If you play with fire your going to get burned!

No I didn't even sign a membership. It's pay per lesson or monthly for cash. We train in a school gym so it isn't exactly a gym where you require membership.

Definitely, but there are idiots like that out there I'm sure. I'm going to suggest signing waivers to be on the safe side.

[robster]

you would of thought the school would make everyone sign a waver, did the coach not sign an agreement to cover everyone?

[Paul Hughes]

I have no idea mate. It did seem odd to me. I'll inquire.

[Apperz]

A guy at our school broke his collar bone when rolling with someone. Our coach has often made a point of recommending people get insurance. He had been training about 2 years and when he broke it he went mental. "It was the clubs fault", "the guy he was sparring withs fault", etc. I don't know exactly what he did, only through what I was told by his mates who train with us; but he went to get legal advice and essentially they asked along the lines of what someone has said above: 'did they force you to spar?' and 'was it against someone considerably better than you and, therefore, dangerous?' and 'was an instructor present trying to stop accidents happening?'. I guess the solicitor didn't like the answers, because he told him there was nothing they could do for him except recommend he give up combat sports. I'm not sure what he does now… maybe shadow-jitsu, kickboxercise?

That said, your situation seems somewhat different. If the guy was legitimately trying to hurt you and your instructor wasn't paying attention to what was going on there may be something in it. I guess this would go to court and you'd argue out whether it was an 'accident' or 'accident through negligence' in this situation. Glad you aren't suing your school though

[SmokeyBJJ]

Try tapping once it's checkmate, because I can't see how signing a piece of paper would've prevented anything. It's ultimately upto you to know when your in trouble, and can potentially be hurt. If he has 30-40lbs on you AND is a higher rank, you should've known better. I chaulk this injury upto inexperience. Glad you werent hurt seriously.

[NameLikeNoOther]

Suing a club you that you trained at for injuries incurred during sparring or training is a douche move in my opinion. You are not joining the Boys Choir Club when you enter a Martial Arts facility.

[Chris Herzog]

If you can't handle the possibility of an injury your own fault or not, do not participate in contact sports.

Its going to happen, accept it or don't play with us.