The Wrong Punch
Q: To satisfy the school district’s physical education requirement, a female student could take the self-defense class, and then even compete in the school’s self-defense tournament. I did. Unfortunately, while the class and tournament incorporated moves from various martial arts forms, the teacher had no certifications in any of these martial arts and very little martial arts training in general.
Although the move which caused my injury had not been taught by the teacher, we had been using this move in class and during the tournament, and the teacher was aware of this fact. 17 seconds into my last bout, the teacher observed my opponent use this move, but he neither stopped the bout nor warned my opponent not to use the move. When she used it for a second time, I was injured.
A: Pursuant to the doctrine of primary assumption of risk, a voluntary participant in a sporting or recreational activity consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally, and flow from such participation. Your consent eliminates the duty of care that would otherwise exist.
However, the doctrine of primary assumption of risk does not apply where the risks were unassumed, concealed, or unreasonably increased. Your attorney will argue that you most certainly did not consent to the risks associated with the move that ultimately caused your injuries. Rather, those risks were concealed and unreasonably increased. Moreover, the school’s lack of adequate supervision was a proximate cause of your injuries.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
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