The Del Mar Jiu-Jitsu Case: Implications for Martial Arts Liability & Insurance.
On May 4th, 2023, Attorney Gabe D'Antonio of Gordon & Rees released a comprehensive paper on the $46 million jiu-jitsu lawsuit. In his well-written overview, Attorney D'Antonio, who is an avid practitioner of jiu-jitsu alongside his legal practice, offers insights into the jury verdict, outlining its implications for the sport now and in the future. Titled "What Del Mar Jiu-Jitsu Case Means for Martial Arts Liability," this article is a valuable resource for gym owners seeking a deeper understanding of the ruling. You can read the full article by clicking here >>.
What Can BJJ Gym Owners Do Now To Manage This Risk?:
As a prominent case within the Jiu Jitsu community, the Del Mar Jiu-Jitsu lawsuit stands as a reminder that legal battles like this can and do happen in our community, and should not be taken lightly. It also carries a significant message for BJJ gyms: a call to action to thoroughly evaluate and review their risk management plans moving forward. This lawsuit serves as a wake-up call, urging gym owners to prioritize the safety of their participants and take proactive measures to protect against potential liabilities. Within his article, Attorney Gabe D'Antonio emphasizes two crucial risk management strategies that gym owners can implement immediately, to reduce potential liabilities at their facilities:
Acknowledging Potential Bodily Harm: Gym owners and operators must never downplay or ignore the physical injuries that can arise from martial arts training. Gym owners can set a precedent for safety and responsible training by recognizing and communicating the inherent risks to participants.
Enforcing Discipline and Compliance: Attorneys D'Antonio urges gym owners to be confident when removing students or instructors who fail to follow instructions and the rules, regardless of their belt rank. Gyms can ensure a safer training environment for all participants by maintaining strict discipline and enforcing compliance when it comes to training safely.
Attorney Gabe D'Antonio's two recommendations serve as an excellent starting point for gyms that are in the process of reviewing or creating a comprehensive risk management plan. By emphasizing the importance of acknowledging potential bodily harm and enforcing discipline and compliance, these guidelines place a strong focus on the safety and well-being of BJJ participants. Having a well-developed and regularly reviewed risk management plan is absolutely crucial for ensuring the safety of all participants on the BJJ mats and it should not be overlooked, as in any legal case involving injuries in mixed martial arts, both the defendants and the gym itself will be scrutinized.
A comprehensive risk management plan not only safeguards the well-being of participants but also serves as a vital tool in legal trials, emphasizing the gym's commitment to safety and minimizing potential liabilities.
The Importance of Keeping Gym Insurance Policies Up to Date:
In addition to discussing risk management strategies in the paper, D'Antonio summarizes the entire situation with a warning to the martial arts community, stating that the long-term effects of the Greener case on the legal practice and martial arts community are yet to be fully understood. He concludes that while it is of hope that this case is an isolated incident, a more realistic expectation is an increase in litigation arising, and advises that BJJ gym owners should have their liability insurance programs reviewed yearly to ensure proper coverage for their unique risks.
Subsequently, Brazilian Jiu-Jitsu Academies should double-check to ensure that their commercial insurance policy provides appropriate coverage for participants in those insurance policies. For example, it is not uncommon for insurance companies to issue general liability insurance to BJJ gym owners and exclude liability for the participants. The problem is that although that type of insurance coverage may be easy to find or cheap to purchase, that contract exposes the gym owner to lawsuits that arise from allegations similar to those from the Jack Greener case. Neglecting participant liability coverage could result from various factors:
Lack of Specialization: Insurance agents or brokers who lack expertise in sports or martial arts insurance may overlook the specific needs and risks associated with BJJ or MMA gyms, inadvertently omitting participant liability coverage from the policy.
Miscommunication: Poor communication between gym owners and insurance agents can lead to errors. If the gym owner fails to express their need for participant liability coverage clearly, or if the agent overlooks critical aspects of the gym's operations, the resulting policy may not provide the necessary coverage.
Assumptions or Generalizations: Insurance agents may make assumptions or rely on generalizations about coverage requirements for businesses in specific industries. In the case of BJJ or MMA gyms, they might mistakenly assume that general liability policies cover participant injuries without thoroughly understanding the unique risks involved.
Policy Exclusions: The insurance policy may contain exclusions or limitations easily overlooked or misunderstood. Complex language or buried information in the policy documentation could result in the gym owner and agent missing key details.
Lack of Risk Assessment: With a comprehensive risk assessment for the gym, insurance agents may fully grasp the potential risks associated with participant injuries, leading them to pay attention to the need for specific participant liability coverage.
To prevent such oversights, gym owners should seek insurance professionals specializing in sports and recreation, particularly martial arts or combat sports like the insurance brokers at JiuJitsuInsurance.com. Our insurance specialists who also train in the martial art better understand the unique risks involved and can provide appropriate coverage options that address participant liability concerns like these.
Common Mistakes When Choosing Insurance Coverage.
Owning a jiu jitsu gym comes with significant responsibility. Protecting your business from lawsuits and claims is crucial. Purchasing a commercial general liability insurance plan can help. But, selecting the right coverage can be complex, and mistakes can be costly. In this article, we'll explore common mistakes jiu jitsu gym owners make when choosing insurance coverage and provide guidance on how to avoid them.
