The Incident Unveiled: McDojo Breakdown Exposes $46 Million Lawsuit and Challenges Jiu-Jitsu Gym Owners to Prioritize Safety.
In April 2023, the McDojo Breakdown YouTube channel posted a video entitled “The Incident”, which examines the $46 million dollar lawsuit resulting from a tragic 2018 accident at Del Mar Jiu-Jitsu Club in which a student was paralyzed. In addition to a more thorough explanation of the case, McDojo Breakdown cites two key definitions, and issues a challenge to jiu jitsu gym owners.
The two relevant definitions are:
Negligence - failure to use reasonable care resulting in damage or injury to another.
Intent - intention or purpose.
The challenge for gym owners is this: How will you move forward with intent towards keeping your students safer, and avoiding your own negligence case? And what have you learned from this case that you will use to make your students safer? At Jiu Jitsu Insurance, we believe that every gym owner should be asking themselves these questions, and documenting their answers in a risk management plan. This lawsuit reminds all of us that tragic accidents do happen, even despite the best efforts and intentions of coaches and gym owners. In a worst case scenario where you are taken to court for a similar case, there will be a heavy focus on the details of your risk management plan, both during the trial, and on applications for the insurance companies defending you. The court and the insurance companies will want to know not only that you have a strong risk management plan in place, but that all of your coaches, volunteers, and employees are aware of the plan, and that it is reviewed on a regular basis. Our main recommendations for jiu jitsu gym owners are as follows:
Have a strong risk management plan in place, and make sure to review it regularly with all staff and volunteers.
Make sure that your insurance policies are up to date. Even if you think they are, it’s worth it to double check - some insurance payments were paused during COVID, which led to some gym owners forgetting to restart their payments, leaving them without the essential coverage they thought they had.
Know exactly what your gym insurance policy covers.
Does your liability insurance cover the specific activities in which students participate in your gym? Not all policies cover jiu jitsu or mixed martial arts activities. Are open mat participants covered under your policy? What about coaches and other staff?
Our final and most important recommendation for jiu jitsu gym owners is this: never assume!
Don’t assume that your policy is up to date or that your premiums are paid, take the time to check. Don’t assume that everyone who needs coverage (coaches, employees, volunteers, open mat participants) is covered—make sure to check. Don’t assume that all of your gym’s activities are covered—always, always check.
If you need more information on risk management plans, policy details, or any other questions about insurance for your jiu jitsu school, give Jiu Jitsu Insurance a call. Learn from the tragedy of the Del Mar Jiu-Jitsu Club case—make sure you are protecting your students, your school, and yourself.
Here are a few examples of mistakes bjj gym owners make when buying liability insurance for their gym.
