Blog Article/Post Caveat (Read First Please: Click the Link)
As I continue my studies of karate and martial arts for self-defense, sport, combatives, fighting, etc., it is becoming clearer and clearer that we as sensei, instructors and mentors need to take consideration as to our liabilities in the roles and disciplines we teach.
Over the last forty or so years I have taught karate for sport and self-defense in a dojo. That dojo was actually sponsored by the Marines while I was on active duty and then by the Navy as a civilian teaching under the auspice of the MWR or Moral, Welfare and Recreation at a base where I lived. I never once took a look at the liabilities I might have incurred as either a Marine teaching Marines, Sailors and Dependents nor as a civilian teaching Navy, Dependents and Civil Service Civilians. Today, I wonder what would have happened if someone experienced grave injuries in training or grave bodily harm or death using what I taught in self-defense.
As my understanding and knowledge have matured these last ten years or so I have come to believe that I lived, trained and taught under the protection of simply blind “LUCK.” I thought to myself, what would have happened as a Marine if someone was injured. I remembered how a Marine coming back from leave went to sick call for a severe sunburn. He was placed on no duty then light duty but when he turned the chit from the corpsman to the command First Sergeant he didn’t at that moment even consider he would be in trouble. He was, he received what the Marines called “office hours” and was fined and restricted to barracks for damaging government properly and the inability to perform his duties due to his malfeasance. If I had injured a Marine and under the governing of MWR, could I have been liable for making or contributing to a Marine being unable to perform his duties? Would the command allow leeway if it was under MWR? As to any dependents, would the civilian parent have the option of suing me and the Marines for negligence if injured, etc.?
In truth, back in those times circa 70’s and early 80’s, I don’t think that would have happened unless it could be determined that I took training to an excessive level resulting in some catastrophe. I do believe the civilian dependent side could have taken that to some civil suit and even criminal charges and it was LUCK that took me through that time.
I trained and taught as a civilian outside of the military and civil service umbrella through a dojo owned and operated by another civilian teaching Isshinryu in my local area. I never once during my time in that dojo even remotely considered whether he had a license or insurance to cover liabilities if something went awry.
I found out that the guy running that dojo didn’t have a license, didn’t have a business sellers permit (California) and didn’t have any liability insurance to cover any situations and events that would have resulted in law suits and even criminal charges, etc. I firmly believe that he and the dojo would have suffered a great deal of economic ruin and even jail time if anyone experienced anything more than minor injuries in the dojo and the fact that none of them ever had to apply their self-defense in a real attack.
I truly and wholeheartedly believe that instructors, sensei and mentors of karate, martial arts and especially self-defense are liable for any injuries, grave bodily harm and even death should they occur in the dojo, at competitive events and especially if they find a need to apply their self-defense - assuming what was taught as self-defense actually worked. Even that, if it failed to work, leaves an opening for the student to sue his sensei, instructor and/or mentor - oh, what a pisser.
I also believe sincerely and wholeheartedly that many martial artists, karateka and self-defense practitioners both teachers and students are not learning all that is critical to properly applying in a legal way self-defense and I also sincerely and wholeheartedly believe that they live, breath and participate in these endeavors with a huge amount of LUCK that seldom does a student encounter such extremes both in the dojo and on the streets except in very rare case. Cases often about folks who work and live in socially acceptable violent environments.
Example: Student leans the deadly technique guaranteed to stop an attacker instantly. They frequent environments where alcohol and testerone are involved along with the ever fun monkey antics all that brings. They have an attitude that they can handle anything because their sensei told them so. He encounters an angry person who escalates it all the way up to that first overhand punch. The student didn’t try to avoid it, didn’t try to vocallly communicate the need to avoid violence and leave nor did he try to assess what level of force was acceptable to stop that attack. As a matter of fact, for this one example, he didn’t even try to defect the punch and he didn’t even see that his attacker was backing away to continue the monkey dance and he used his ultimate self-defense move.
He punched the guy in the throat and followed up with a couple of blows to the head when the guy fell backward and slammed his head on the hard floor. He stopped moving instantly but the uber self-defense guy caught up in the adrenal rush and the monkey drive to finish him off kick him a few times in the ribs then head before others pulled him off.
Without going into details, the way I described the situation and event if perceived and witnessed both by observers and their cell phone cameras this incident would likely end up in arrest and prosecution because it is not Self-defense - it is and was aggressive mutual fighting and that is illegal. The guy on the floor most likely is dead and that is going to be that.
In short, I wonder when the luck of the industry is going to end. I see many events in today’s society that indicates it is only a matter of time before someone somewhere decides to sue or prosecute, etc., or demand that the industry be organized and governed by local, state and federal laws if not already so that we have more avenues to take people to task with the oscillating fan gets hit by whatever.
I like luck, it has its purpose and benefits but I don’t like or rely on luck for everything and anything. I like to have the knowledge, understanding and experiences along with all the requisite tools to get the job done with minimal liability, fuss and damage. It led me to drop trying to open a commercially viewed dojo for karate and self-defense, it is just too expensive and it is also, if you look, actually subject to a lot of restrictions. I suspect it has traveled under the radar all this time simply because of the LUCK involved.
Sigh!
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