Student Blinded by Injury Sues Instructor and Facility

Student Blinded by Injury Sues Instructor and Facility

A beginner student called by an instructor to participate in a sword demonstration instead got an accidental blade through the eye that pierced his skull and left him blind, paralyzed and brain-damaged, according to a $9 million lawsuit filed against the teacher and his school in Oregon.
Read the article

Get a Free Insurance Review for Your Martial Arts School

Questions to Ask When Buying Martial Arts School Insurance in 2019

See our comprehensive library of Martial Arts School Insurance Information and Interviews.

1.  Does the program’s General Liability policy include an exclusion for athletic participants? If so, it’s not the right program for martial arts school insurance.

2. Is Professional Liability included in the General Liability? It will cost more if you have to buy it separately and martial arts schools need both!

3. Is Sexual Abuse and Molestation coverage included? It is absolutely needed for martial arts school insurance. You may have to implement background checks on employees to qualify for the coverage, but that is very important and not expensive.

4. Can your martial arts school’s summer camps or after school programs be included in the General Liability coverage? You may need to complete a supplemental application but these extra programs need to be covered because they do bring more liability exposure to your school.

5. Have you discussed any other “special event” type coverage that your school might need prior to purchasing the insurance? Make sure you ask questions about your tournaments, exhibitions, demos, and any off-site activities before they take place. Always better to make sure you have martial arts school insurance coverage before an accident happens!

Martial Arts Insurance: The Best Defense Is a Good Defense

See our comprehensive library of Martial Arts School Insurance Information and Interviews.

 

The Best Defense Is a Good Defense

The best defense is having a good defense ready. If an attorney has to contact you to find out what happened in an accident eight months ago, and you are vague because you can’t quite remember, that won’t help your case much. If the attorney asks who else saw it, and you don’t know, and if the attorney needs to know what was done at the scene, and you don’t recall, then your case will be very difficult to prove. 

The other side may have medical records, statements taken immediately following the accident, and pictures of the injury. You need to have your evidence as well. For most minor incidents — bumps and bruises — such detail will be unnecessary. When something serious happens, then you should put together a complete file on the incident. 

Consider yourself your own private investigator. Be careful to collect only “objective” facts, though. That means treating facts without distortion by personal feelings or prejudices. You don’t want to be accused of using your position as the instructor to badger your students into lying, embellishing or shading the facts.

Take note of what happened, who was around, what was done about it and by whom, and an account of the events and possible contributing causes. This will serve as a reminder to you, since memory can be inexact. It may be months before you have to give a “deposition” (testimony), and years may go by before a trial. If you rely on your ability to remember a two-year-old event, then you can expect to be expertly tripped up by a skilled attorney on cross examination.

If you have a good martial arts insurance policy, then your insurance company should take care of your legal defense. If you do not have martial arts school insurance, then you should already have an attorney in mind to work on any case you might have. It might be a student, or a parent of a student, who understands martial arts and has some experience litigating. 

Once you receive a lawsuit, your attorney typically has 30 days to file papers with the Court. If you spend 20 of those 30 days hunting for a decent attorney, then your attorney does not have adequate time to prepare your defense. 

At times, attorney’s have received case files the day before paperwork is due, and they have to rush on paperwork that can determine if you win or lose your case. Cases have practically been forced to settlement for more money than the case was worth, because the attorney wasn’t given the Summons and Complaint in time to prepare the necessary paperwork.

CopyEmail LuckyOrange