I know that there was a case in Virginia some years back where someone competing in a triathalon decided to dive into whatever natural water they were swimming, and broke his back, ending up paralyzed to some degreel. Note that HE chose to dive; there was nothing suggesting or compelling it, as I understand it. And he'd signed a waiver. He sued. The courts held that the organizers were liable, and that the waiver had little real effect beyond demonstrating that he'd been warned. (Note that I'm working from memory, and so may not have the details correct, but the general outcome is, I know.)I'm really surprised we don't see this more often.
They gymnastics school that we teach out of gets sued on occasion by parents who are well aware of the dangers of gymnastics and have signed liability waivers.
When it comes down to it, the waivers don't seem to hold much water.
Jeff
But, as much as this decision worries me, I'm not willing to say it's the first peal of the bells of doom. In this case, I have to wonder what details didn't make it into the article. Even instructors with the best and most impressive credentials and resumes make mistakes, and sometimes those mistakes are foreseeable. Did he make sure that the student was capable of handling the fall/hold? Did he apply it recklessly or carelessly? Or... could there have been some sort of personal animosity? Many, if not all of us, who are teachers have students who simply rub us the wrong way, at least occasionally. And, I'm confident that most of us have trained with a partner that gets a little rough for any of numerous reasons as innocent as poor control and as guilty as pure evil maliciousness. For that matter, even someone with an impressive resume may be one of those guys who tends to go hard...