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tessone
Green Belt
Green Belt

Joined: 23 Apr 2002
Posts: 395
Location: Galesburg, IL

PostPosted: Sun May 05, 2002 12:02 pm    Post subject: Reply with quote

Even in a society like ours (in the US), I'd be very surprised if anyone were able to shift responsibility onto their dojo for an act of violence they committed. If you learn to shoot at a gun club, are they liable if you murder someone? Obviously not. Likewise, your teacher is not going to liable if you break someone's neck using a technique you learned in class.

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Brown Belt, Kuk Sool Won
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ramymensa
Black Belt
Black Belt

Joined: 12 Aug 2002
Posts: 1450
Location: New Jersey
Styles: Shotokan

PostPosted: Wed Sep 04, 2002 7:34 am    Post subject: Reply with quote

Well I didn't sign anything nor did my coleagues. We train in Shotokan and thus we should respect Dojo Kun and Ninju Kun. Sensei "sings" all day about not using our "achievements" against other if not provoked, so I guess it's simple.
And the responsability should be OURS.
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monkeygirl
KF VIP

Joined: 22 Feb 2002
Posts: 3678
Location: Iowa
Styles: Tae Kwon Do

PostPosted: Wed Sep 04, 2002 7:44 am    Post subject: Reply with quote

The only time an instructor can be responsible for a STUDENT's violent tendencies are when he/she tells the student: "Oh yeah, just beat up whoever you want to. I do it all the time blah blah blah" However, failing to tell them "We only use this stuff for self-defense" can't really be called upon...they're broken no law. The instructor should feel some sort of obligation to make sure AT LEAST the kids know that MA is for self-defense only.

Whenever we teach the itsy-bitsy kids (lil dragons and lil ninjas) any punches or kicks, we always make sure to tell them NOT to use them, they're ONLY for in the dojo. We tell the kids' classes too. But 9 times out of 10, an adult shouldn't HAVE to be told.
Every now and then you will get a cocky guy (or girl I suppose, though I haven't really seen any) who comes in wanting to beat everyone up, learns punches and is like "cool now I can smash my little brother even harder". Then, the instructor should make the obvious call and inform that person that they are very wrong.

So to summarize: an instructor can't be sued (and if it goes through it would probably fall out on an appeal) for his students' independent actions. However, the instructor SHOULD still feel obligated to teach the kids the discipline they need.
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G95champ
Black Belt
Black Belt

Joined: 29 Mar 2002
Posts: 3116
Location: Gilbert WV, USA
Styles: Shotokan Karate (FSKA)

PostPosted: Wed Sep 04, 2002 11:14 pm    Post subject: Reply with quote

No.

However I speak with my students a lot. If word gets back to me that they are using what they learn to harm others they are out. Now this may last a week, month, or forever. Just depends on the situation. But I make it clear that they will pay for their actions by not comming back to class.
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Red J
Black Belt
Black Belt

Joined: 11 Aug 2002
Posts: 2278
Location: WPB, FL
Styles: Shaolin Kempo Sandan

PostPosted: Thu Sep 05, 2002 5:11 am    Post subject: Reply with quote

If the instructor teaches and acts reasonably, then chances are that they would not be held liable, or even named in a suit. Having school rules, contracts that are signed by students (parents if a student is a minor), and discussions about when to use self defense all show that the instructor is being responsible. Futhermore, techniques need to be age appropriate and advanced techniques should be taught commensurate with ability. I think that most dojos use common sense and teach responsibly because they want students to be a positive reflection of their school and it is the ethical thing to do.
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Shoto Tiger
Yellow Belt
Yellow Belt

Joined: 07 Apr 2002
Posts: 47
Location: England, UK

PostPosted: Thu Sep 05, 2002 1:27 pm    Post subject: Reply with quote

Hi,

I never signed anything when I started Shotokan either.

I feel that an Instructor who demonstrates a technique badly at the dojo and students copy this technique and get injured...then maybe the Instructor is liable then...

But as to what happens outside of the dojo...I can't see how the Instructor can be made liable?

As said before...we are taught that MA is defensive not offensive.

"There is no first attack in Karate!"

Normally Instructors worth their salt can figure out a student fairly quickly I'm sure and if they demonstrate the wrong attitude then hopefully they will politely ask that particular student not to attend class again....this may be a way of avoiding "Gung-ho MAists"?
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martialartist1
Orange Belt
Orange Belt

Joined: 20 Apr 2003
Posts: 157
Location: UK
Styles: no style as style

PostPosted: Thu May 15, 2003 12:52 pm    Post subject: Reply with quote

"Should a teacher be liable if a student uses his training in a violent aggressive way."

simply both the teacher and martial artist should respect each other. and if a student uses martial arts training in a violent way then the teacher should warn the student of the consequences, but sometimes aggression is needed in training, but only in the correct way where no one gets hurt or injured in order to enable quality martial arts excellence.
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IAMA_chick
Purple Belt
Purple Belt

Joined: 23 Mar 2003
Posts: 515
Location: Indiana
Styles: tae kwon do

PostPosted: Thu May 15, 2003 2:30 pm    Post subject: Reply with quote

i also had to sign a contract that i would only you my knowlege in a seld defense use only.
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