Injured in a MMA Gym; Who’s Liable

There’s a Way around a Waiver 

If you’ve ever participated in a combat sport, even if it’s just high school wrestling, you’ve probably had to sign a waiver—or your parents likely had to sign a waiver on your behalf if you were underage. However, there’s always a way around a waiver. Contrary to what most people believe, signing a waiver isn’t the same thing as completely signing away your right to file a claim, especially when other parties are grossly negligent. In fact, gross negligence is usually the basis to get around a waiver. In short, gross negligence generally refers to extreme recklessness. In other words, the defendant exhibited an extreme departure from the precautions a reasonable person would take. Here’s an example of gross negligence in a combat gym: let’s say the youth jiu-jitsu instructor is afraid of training a class full of wimps so he encourages the youngsters to drill eye-pokes on each other, resulting in most of the kids sustaining eye injuries. This would likely meet the standard of gross negligence as the instructor encouraged kids to do something that is not only extremely dangerous but is also pretty much universally banned in every tournament ever. 

The Instructor 

Obviously, the instructor could be liable, especially if s/he’s not officially employed with the gym itself. It’s common for instructors to be 1099 contractors instead of employees of the gym itself. In some cases, the waiver will only bar you from filing a claim against the gym, not the instructor. Instructors likely have a duty to supervise the class, and ensure students aren’t behaving inappropriately or doing something dangerous. Instructors will need to provide adequate supervision that’s age appropriate. An instructor will need to pay more attention to children’s classes than adult classes, for instance. Lastly, the instructor may have an obligation not to hurt students. Martial arts like Jiu-Jitsu typically have a heavy emphasis on joint manipulation. Even if a student isn’t “tapping” to signal that they’re in pain, an instructor may have a duty not to attempt to push the student to their limit. 

The Gym 

The gym itself may be liable for injuries that occur on the premises.  Gyms should not encourage dangerous activity or violent behavior. Gyms should also have rules to minimize the chances of injury. For example, there may be a rule that you’re not allowed to spar without proper head gear. Gyms should ensure that the Instructors are properly trained, supervising the training, and aren’t someone with a history of injuring their students. Skin diseases can be common in combat sports. Keeping mats clean and preventing people from getting on the mat while wearing shoes is important for preventing staff infections or ringworm. There should be rules enacted in order to reduce the risk of foreseeable injury, and gyms may be responsible for making sure those rules are followed.  

Teammates 

Suing someone personally is always a tricky issue due to the fact that the person will need to have enough resources in order to cover the cost of your damages. Therefore, if the nineteen-year-old in your Jiu-Jitsu class breaks your arm, s/he is probably not going to have the resources to cover the cost of your emergency room visit alone, nor any additional treatment. However, technically speaking, your teammates could be liable for injuries you sustain, especially if they knew or reasonably should have known that they were acting in a manner that would cause you to sustain injury. For example, if you are in a triangle choke, the person choking you will likely notice the moment that you go unconscious. But if they continue to choke you and cause you to sustain brain damage, you may have a claim against them. 

Assumption of the Risk 

Assumption of risk is a classic defense where the defendant argues that the plaintiff was able to foresee potential injury due to the nature of the activity and then proceeded anyway and, therefore, the injured person should not be able to file a claim because the plaintiff assumed the risk. It’s important to remember that anytime you are choosing to engage in contact sports, that you are knowingly engaging in an activity that can be dangerous and cause injury. While that may be true for commonplace injuries associated with the sport, it would not apply to cases of extreme negligence or improper training/supervision that resulted in your injury. If you have concerns about injuries at a gym, and you’re considering filing a claim, contact Moxie Law Group today for a free consultation.