In Jiu Jitsu the risks are inherent. Most schools or events have us sign a waiver to release them of liability for injury.
In fact, culturally-speaking it’s kind of an unwritten rule that we assume the risks inherent with the sport regardless of any waiver.
But of course BE SURE to use a waiver preferably written by competent legal counsel.
In Canada there is a case headed to the B.C. Supreme Court based on this topic.
In an article written by Jeremy Shepard of North Shore News on March 17, 2019 a white belt, Joe Peters (Plaintiff) is claiming Negligence arising out of a knee injury he suffered during aJiu Jitsu tournament.
Peters, who weighed 245 lbs suffered a meniscus tear (among other injuries) while grappling with a 290 lb opponent at a tournament.
Peters seeks civil damages against the tournament promoter and his own instructor.
He claims the tournament director Marcus Soares did not weigh in his opponent and that it was also an unsuitable match up based on their training history.
Peters also claims his training was insufficient to enter a tournament as he had no experience nor stand-up skills (takedown skills).
These allegations have not yet been proven.
In response Soares stated “Peters knew or ought to have known the risks of injury.”
He added that most competitors were competing for the first time and combining weight classes was commonplace.
Soares tried to dismiss the claim based on a signed waiver by Peters. This was denied.
“Peters claimed his injuries left him with permanent physical disabilities impacting his quality of life, earning ability and housekeeping capacity.”
We will keep you posted with any further updates.
Please comment below your thoughts on this topic.