Dealing With Lawsuits

Every now and then I'll go down to train at a local school. This place does some cross training in other styles in addition to karate which I think gives this club a fresh perspective from a traditional dojo. I know one of the owners, he never charges me, so I don't wear out the welcome. I must confess though, one reason I like to drop in is to see what kind of clientele shows up. I don't know what it is, but this particular venue seems to be a magnet for some strange types now and then.

About three weeks ago some guy comes in who claims he's trained in every style from kenpo to praying mantis, but could never stay in one place too long because "nobody can handle me in sparring." He decried the belt system (need I say he's never acquired a single black belt in the myriad of styles he's allegedly taken?), kept calling me 'kid' (this guy looks like he's about forty), and seemed eager to display some of his kumite skills.

There were about ten of us there that night, mostly black belts, but my friend wisely decides to pair Jean-Claude up with "Joe", a likable seventeen-year-old brown belt who plays high school football and is built like a tree trunk. About ten seconds into the match, Joe lands a crushing reverse punch to the fighting master's ample breadbasket that folds him like an accordion in advance of a full collapse to the mat. Eventually he regained his breath and composure, at which point our visitor decides to sit out the remainder of the class while interjecting "advice" here and there. After he left we all had a good laugh and thought we would never see this character again. Then two days ago, the chief instructor of the aforementioned school receives a disturbing piece of mail. It seems the visiting warrior decides he'll try to cash in on his impromptu sparring defeat and lawyers up. That's right, he's suing for getting his butt properly and appropriately beat at the hands of a teenager.

Now mind you, this person didn't sustain the kind of injury that would prevent him from having kids or even going to work. I have no idea what kind of language is in this lawsuit or what it claims. One theory I have is that this guy has his attorney on speed dial and makes a career out of this. No wonder he's trained everywhere.

This isn't the first time I've experienced this sort of thing. About two years ago I received an email from someone who found my blog:

Dear Mr. Vesia,

I am an attorney defending a local (popular karate chain school) in ... against a claim by a woman who was injured during her first training session while doing a round kick. I am in need of someone well trained in karate to serve as an expert witness and render an opinion as to whether the dojo was negligent in its instruction techniques, preferably someone who has had experience as an instructor. Would you be interested in discussing this case with me? If so, please call me at the number listed below. Thank you for your time.

I declined, but it left me wondering how often this happens to schools. Injuries are par for the course in martial arts training, despite the presence and supervision of competent instructors. Not in the US, but in some countries if the plaintiff's lawsuit is unsuccessful, they must pony up at least part of the defendant's trial fees. Do you think if we had this law here, people would still be so sue-happy?

Getting Your Priorities Straight

I find it interesting that karate teaches methods of mayhem alongside of social responsibility. At least that's what most schools strive for. Budo (martial ways) and bujutsu (martial methodology) are defined as having similar goals, but stressing different ones. The priorities that distinguish budo and bujutsu are laid out in Classical Budo:


Classical Bujutsu

1. combat
2. discipline
3. morals

Classical Budo

1. morals
2. discipline
3. aesthetic form

Note that 'combat' missed the top-three spot on the budo list. Apparently martial arts strictly as a combative system (bujutsu) give morals relatively short shrift. Being a moral person usually, but not necessarily, gives rise to other traits, such as politeness and humility as one karate blogger puts it. I agree these are desirable attributes to be found in the karateka.

This brings up a pertinent question: Is karate training really capable of transforming an otherwise brutish lout into a 'nice guy'? Traditionally, the master of a dojo would interview a prospective student to see where he was coming from. Drunkards, layabouts and alpha-male tough guys need not apply. The whole idea of learning self defense is to ward off these jerks in the first place.

I believe the "polite and unassuming" students one sees in the dojo likely started out that way before they ever stepped onto the mat. More than likely their training in a budo form accentuates already innate positive tendencies.

I've personally seen how transformative the martial arts can be. Those lacking in confidence, physical coordination and even social grace can make amazing progress in these areas as a result of dedicated training over a period of time.

But are traditional martial arts more about making good citizens or good fighters? I believe that budo - with its emphasis on morality and social responsibility - requires a combative core to make it all worthwhile. If a style or system gets too bogged down with philosophy or the "art" aspects to the detriment of realistic effectiveness, then it's simply not worth it. Equally, a style that lacks an understanding of right living is missing something very important.